Retail and Shopping Center Acquisitions: Negotiating the Purchase and Sales Agreement, Conducting Legal Due Diligence
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will prepare real estate counsel to negotiate and document the acquisition of retail-based commercial assets. The program will discuss key legal issues involved in the purchase and sale of a retail or shopping center, taking into account the unique issues in this asset class. The program will focus on seller representations and warranties and key contract contingencies in the purchase and sale agreement.
- Market trends for retail/shopping center purchase and sales transactions
- Key purchase and sales agreement provisions: buyer and seller perspective
- Due diligence: rights and timing and scope of review
- Title, survey, and CCR and declaration review
- Lease abstracting, CAM and exclusive use conditions
- Dealing with anchors and other 800 pound gorillas
- Estoppels and tenant interviews
- Seller representations and warranties
- Conditions precedent
- Buyer’s lender demand for SNDA and other lender concerns
- Closing contingencies
- Defaults and remedies
- Post-closing issues and true-ups for taxes and operating expenses
The panel will review these and other key issues:
- What are current market conditions that affect terms of real estate purchase agreements, particularly seller representations and warranties?
- What are the common legal issues retail center purchasers should consider when conducting due diligence prior to closing a deal?
- What are the most commonly disputed issues during retail center purchase negotiations and what are some effective approaches for resolving them?
Corey J. Wilk
Goulston & Storrs
Commercial real estate, hospitality and retail matters are at the center of Mr. Wilk's practice. He has... | Read More
Commercial real estate, hospitality and retail matters are at the center of Mr. Wilk's practice. He has a particular focus in the areas of acquisitions, dispositions, financings and leasing, as well as liquor licensing, hotel managements, and hotel franchise agreements.Close
Michel P. Williams
Senn Visciano Canges
Mr. Williams’ practice includes extensive experience in commercial leasing and tenant relations, and acquisition... | Read More
Mr. Williams’ practice includes extensive experience in commercial leasing and tenant relations, and acquisition and disposition of commercial and multi-family properties. He has been involved in numerous commercial property acquisitions ranging from several hundred thousand dollars to over $200 million, providing due diligence, title and closing assistance.Close