Commercial Leases: Due Diligence Considerations
Best Practices for Landlords and Tenants to Identify and Mitigate Risks
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance for real estate counsel on due diligence steps that should be taken before entering or renegotiating commercial leases in the current economic environment. The panel will provide effective approaches to identify and mitigate risks and liabilities.
- Current leasing trends
- Lease pricing and incentives
- Mid-term concessions
- Flexible lease arrangements
- Critical areas of focus during due diligence
- Financial standing of tenant
- Financial condition of landlord
- Exclusive use provisions/restrictions in lease
- Other areas
- Mitigating risk in the lease agreement
- Representations and warranties provisions
- Remedies provisions
- Termination options provisions
The panel will review these and other key questions:
- What factors help determine the extent and type of due diligence landlords and tenants should undertake prior to entering commercial lease agreements?
- What are the most critical aspects of due diligence for landlords and tenants when negotiating a new lease or renegotiating an existing lease in the current real estate market?
- How can counsel leverage information obtained during the due diligence process in lease negotiations?
- How can representations and warranties provisions be used to protect against unforeseen or overlooked diligence tasks?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
O'Neill Properties Group
She is responsible for restructuring leases of multiple office and retail tenants and maximizing recoveries for O'Neill... | Read More
She is responsible for restructuring leases of multiple office and retail tenants and maximizing recoveries for O'Neill and its affiliates in connection with lease terminations. She provides legal oversight to all real estate broker relationships for O'Neill. O'Neill is a real estate developer and manager with over $1 billion portfolio of office, retail, residential and land holdings.Close
David S. Houston
Pillsbury Winthrop Shaw Pittman
He has almost 20 years of commercial leasing experience with a focus on retail leasing. He has significant experience... | Read More
He has almost 20 years of commercial leasing experience with a focus on retail leasing. He has significant experience representing landlords and tenants in transactions ranging from department stores, theatres, big box stores, specialty retailers, restaurant and entertainment uses and in-line retail stores in super-regional and regional malls, lifestyle centers, and neighborhood shopping centers.Close
Mario J. Suarez
He has considerable experience in complex commercial real estate transactions, construction, and commercial... | Read More
He has considerable experience in complex commercial real estate transactions, construction, and commercial transactions. He focuses his practice on the acquisition and disposition of commercial buildings and building portfolios; office and retail leasing and related transactions on behalf of owners and tenants; and representation of institutional and non-institutional equity investors.Close