Due Diligence in Commercial Real Estate Purchases

Identifying and Mitigating Risks and Liabilities Before the Closing

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Tuesday, December 13, 2011

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for real estate counsel on the critical due diligence steps that must occur before a commercial real estate purchase is finalized. The panel will provide approaches to identify and mitigate risks and liabilities and coordinate the due diligence team.

Description

Investors purchasing commercial real estate in the current tumultuous market must conduct careful due diligence to avoid assuming unanticipated risks and liabilities. Proper due diligence pre-closing will save investors significant money and time later.

When conducting due diligence, counsel for real estate investors must carefully and strategically consider the timing of every task occurring during the process. Counsel must monitor and record important information discovered and communicate concerns to the due diligence team.

Coordination of the due diligence team and process is complicated by the involvement of a variety of professionals—attorneys, appraisers, architects, engineers and others—who each play a key role in identifying risks and potential liabilities.

Listen as our panel of real estate attorneys explains common issues that investors and their counsel must consider when conducting due diligence in advance of a commercial real estate purchase. The panelists will provide best practices for identifying and mitigating risks and liabilities and for coordinating the due diligence team and process.

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Outline

  1. Coordinating the due diligence team
  2. Navigating the due diligence process and mitigating risk
    1. Negotiating due diligence provisions in the purchase and sale agreement
    2. Allocating responsibility for due diligence tasks
    3. Title review
    4. Survey review
    5. Zoning review
    6. UCC and tax lien searches
    7. Review of financing documents
    8. Review of leases
  3. Special considerations for distressed assets

Benefits

The panel will review these and other key questions:

  • What factors help determine the extent and type of due diligence sufficient for commercial real estate purchases?
  • How do real estate investors and their counsel identify the appropriate members of the due diligence team and determine the roles of each?
  • What are the common legal issues investors should consider when conducting due diligence prior to closing a purchase?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Paul J. Johnson
Paul J. Johnson
Partner
Shannon Gracey

He is a transactional and business lawyer whose practice has a heavy emphasis on commercial and residential real estate...  |  Read More

Larry N. Woodard
Larry N. Woodard
Shareholder
Robbins Salomon & Patt

He has represented Fortune 500 companies, private developers, condominium associations, units of local government,...  |  Read More

Robert K. Casey
Robert K. Casey
Attorney at Law

He is a real estate and business transactional attorney experienced in all phases of real estate investment, finance,...  |  Read More

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