Understand the concepts and organization underlying residential and commercial real estate transaction documents.
Residential and commercial real estate transactions are built upon the documents which lay out the terms and conditions for those transactions. In order to be effective, those documents must contain clearly articulated concepts and be organized so the parties to the transactions, and sometimes finders-of-fact (that is, judges and juries), can interpret those documents. It is a best practice if real estate transaction documents are designed and constructed from a proactive risk management perspective, using checklists to ensure the relevant substantive and procedural matters are addressed and not inadvertently dropped. This topic is intended to help real estate professionals such as developers, owners, property managers, engineers, surveyors, contractors, and attorneys understand how to prepare and review real estate documents in a variety of settings such as purchase and sale transactions, leases, development projects, shared ownership/management/cost-sharing arrangements (condominiums, cooperatives, owner associations), and mortgage financings.
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Agenda
Practical Real Estate Transaction Document Principles
- The Relationship of the Transaction Parties
- Nature of Representations, Warranties, and Covenants
- Mandatory vs. Prohibited vs. Negotiable Provisions
Proactive Risk Management
- General: Nature, Benefits, and Implementation
- Specific: Interpretation -Drafting Avoiding Vagueness and Ambiguity
- Use of Drafting Checklists
Conceptualizing Real Estate Transaction Documents
- Client Expectations and the Role of Real Estate Lawyers
- Research Areas
- Drafting Components of Real Estate Transaction Documents
Organizing Real Estate Transaction Documents
- Arranging Concepts Into Actionable Real Estate Transaction Documents
- Methods to Organize Real Estate Transaction Documents
- Moving From Organization to Drafting Real Estate Transaction Documents
Articulating Real Estate Transaction Documents
- Promoting Clarity (and Simplicity) in Drafting
- Avoiding Interpretation Challenges to Drafting
- The Central Role of Proofreading
Drafting in Various Real Estate Transaction Settings
- Purchase and Sales
- Leases
- Development Projects
- Shared Ownership/Management/Cost-Sharing Arrangements (Condominiums, Cooperatives, Owner Associations)
- Mortgage Financings
- Letters of Intent
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 29, 2019.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Philip N. Kabler, Esq.
Bogin, Munns & Munns, P.A.
- Partner (shareholder) at Bogin, Munns & Munns, P.A.
- Practicing in the areas of real estate, business, banking, and equine industry
- Member of numerous professional and civic organizations
- Has taught at the University of Florida Levin College of Law and Warrington College of Business (undergraduate and graduate levels)
- J.D. degree, University of Pennsylvania Law School; B.A. degree, cum laude, Brandeis University
- Can be contacted at 352-332-7688 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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