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An Introduction to Commercial Real Estate Transactions: The Big Four (Florida)
Audio program! (check our CLE Programs page for live versions)
This course offers cutting-edge analysis and instruction on the four critical areas you’ll face in a commercial real estate transaction. Each topic is addressed from multiple perspectives – an approach that registrants praise for providing nuance and greater understanding.
In your audio package, you’ll receive a substantial set of digital course materials gathered together specifically for this course.
Who Should Purchase the Audio Package
This course is designed for lawyers new to the area of commercial real estate transactions who represent, or want to represent, owners, developers, lenders, investors, landlords, and tenants, but it will also be useful to all lawyers in commercial real estate practices and to all real estate brokers, asset managers, and facilities managers.
And for experienced real estate practitioners who have been out of the game for a while, or have not worked in the commercial realm, the course provides an overview and update. For general practitioners occasionally involved in real estate transactions, the course provides a comprehensive reference.
What you’ll learn
The course is broken up into only four sessions in order to provide an in-depth look and instruction on the four focused topics, instead of a broad survey course with many topics and speakers.
We’ll start with the various pitfalls you’ll face with commercial leasing and how to avoid making the most dangerous mistakes. This discussion includes an overview of negotiating the lease, including goals, traps of the boilerplate (very important!) and keeping the lender happy.
Next, our speaker will go into detail regarding the economic and operational covenants that should be in commercial leases. He will go on to cover the apportionment of risk related covenants, including insurance, indemnities, casualty, refurbishing, condemnation, environmental matters, assignment and subordination.
Lastly, you’ll learn about remedies when the commercial lease goes wrong.
Our second session will go into the life of the Real Estate Deal – the purchase and sale transaction. This discussion includes a general overview of the deal, then delves into the pre-purchase and sale contract, including brokerage agreements, presenting the property, LOIs, and bid procedures
Our experienced faculty will then walk you through the Purchase and Sale Agreement. First he will discuss how to negotiate the contract and what the significant deal points and considerations are.
He’ll cover how you draft it and broker participation. He’ll cover critical components such as deposits, the due diligence period, title and survey, financing, representations and warranties, closing costs and pro-rations, assignability, default and remedies. Last but not least, he’ll get into closing.
In our third session of the day, you will learn all about commercial loan documents. You’ll learn why the documents are so important, the basics about loan commitment, your agreement, the promissory note, and the mortgage and deed of trust. This session will also include a discussion about the Environmental Indemnity Agreement, guarantees, and reserve agreements.
Our last session of the day deals with title insurance in the commercial context – something no Commercial Real Estates seminar can do without. It includes an overview of residential v. commercial and lender’s v. owner’s coverage. Your speaker will discuss Schedule A and B-I Requirements and Schedule B-II Exceptions. Deletion of Standard exceptions will also be discussed
The program will wrap up with a discussion about how all of the topics discussed during the day merge together in forming the final policy.
This is an in-depth, invaluable program designed to help the newer commercial real estate practitioner do their job right and do their job well. It will help you know how to avoid mistakes, how to negotiate on your client’s behalf, how to protect your client and how to complete the transactions successfully.
And it is a not-to-miss program for anyone interested in commercial real estate transactions.
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What You Will Learn
Pitfalls in Commercial Leasing: Avoiding the Dangers
- Introduction: Avoiding the Pitfalls and the Problems in Negotiating and Living with a Commercial Lease
- Essential Goals of a Commercial Lease
- The Traps of the Boilerplate Lease
- Keeping the Lender Happy
- Goal of this Discussion
- The Basic Information and Economic Covenants of the Lease
- The Premises
- The Term
- Base Rent
- Additional Rent
- Operational Covenants
- Use Provisions
- Maintenance of Premises and Common Areas
- Utilities; Interruption of Services
- Alterations to the Premises and the Project
- Apportionment of Risk Covenants
- Insurance Requirements
- Tenant’s Completion of Refixturing or Refurbishing Interior Space
- Environmental Matters
- Assignment and Subletting
- Subordination, Attornment and Non-Disturbance
- Events of Default
- Possessory Remedies
- Economic Remedies
- Attorneys’ Fees; Waiver of Jury Trial; Alternative Dispute Resolution
Purchase and Sale Transactions
The Life Cycle of a Real Estate Deal
- Pre-Purchase and Sale Contract – Brokerage Agreements, Presenting the Property, LOIs, Bid Procedures
- Purchase and Sale Agreement
- Drafting the P&S Agreement and Broker Participation
- Negotiation of the Contract: Significant Deal Points and Considerations
- Due Diligence Period
- Title and Survey
- Representations and Warranties
- Closing Costs and Pro-rations
- Assignability of P&S Agreement
- Default and Remedies
Commercial Loan Documents
- Why loan documents are so important
- Attach to real property
- Paper trail
- Loan Commitment
- Basics that should be covered
- Loan Agreement
- Promissory Note
- Mortgage/Deed of Trust
- Environmental Indemnity Agreement
- Payment Guaranty
- Performance Guaranty
- Reserve Agreements
Title insurance in the commercial context
- What is Title Insurance in Commercial context?
- Residential vs. Commercial
- Lenders vs. Owners coverage
- Schedule A and B-I Requirements
- Legal Description Issues
- Corporate Documentation
- Schedule B-II Exceptions
- Endorsements/Aff Coverage
- Deletion of Standard exceptions
- OA Reps
- Mechanic Lien Review
- Tenant Info
- Loan Docs
- How all topics discussed during the day merge together in forming the final policy.
“Informative. Good tips and suggestions.” – Elsa Shum, Esq.
“Excellent.” – Michael Bond, Esq.
“Great!” – Timothy West, Esq.
“Excellent!” – Stephanie Kanter, Esq.
“Each of these presenters was highly knowledgeable regarding their topic and gave great presentations that were engaging and educational.”
The following testimonials are from our previous Real Estate Overview course held in Florida:
“Very informative and effective seminar.” – E. Briggs, Esq.
“I especially liked the practice tips.” – L. Taylor, Esq.
“The talk on leases was clear and methodical.”
“Materials were…helpfully put together. They referenced relevant law and will be useful to review in the future. He was very engaging.”
“Excellent presentation. Very detailed, thorough and covered the basics.”
“The speakers were great — it was 101 level, so an overview of all topics was what was appropriate.”
“Interesting. The topic of Execution of Documents was very useful.”
“Very informative and useful.”
“Detailed outlines were excellent.”
“Liked the handout.”
1st American Title
Check back soon for full bio.
Judith E. Kreitzer, Esq.
Holland & Knight
Judith E. Kreitzer is a partner in Holland & Knight’s Fort Lauderdale office. Ms. Kreitzer’s real estate practice has a particular emphasis on commercial real estate lending, commercial real estate lending workouts and commercial real estate development, including acquisitions and sales of development property. Ms. Kreitzer has significant experience in representing domestic and international lenders in the closing and negotiations of large complex commercial financing transactions, including acquisition loans, construction loans and permanent financing (including multi-family residential, retail, office and industrial projects) as well as multi-state mortgage financing transactions. She concentrates in real estate secured financing at inception, renewal and if restructuring (workout and/or foreclosure) is required. These representations often include documentation of multi-lender transactions, including syndications, participations and other intercreditor arrangements, including mezzanine financing.
George Pincus, Esq.
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.
George A. Pincus is a Shareholder in the Real Estate Department and serves as a member of the Firm’s Board of Directors. As a transactional real estate lawyer, his practice focuses on office, industrial, retail and build-to-suit leasing representing both landlords and tenants, purchase and sale transactions for both buyers and sellers of office, industrial, retail, multifamily and vacant/developable land projects, real estate finance transactions with an emphasis on representing borrowers and developers in construction loans, term loans and refinancings with banks and life lenders, CMBS loans from securitized lenders, and multifamily loans from Fannie Mae and Freddie Mac, real estate private equity transactions, real estate development matters, and distressed debt transactions involving the purchase of defaulted mortgage loans from lenders and special servicers.
George has been actively involved in NAIOP, Commercial Real Estate Development Association for many years and has served in a variety of leadership positions in NAIOP’s local, state and national organizations. He has published articles on commercial leasing topics and teaches continuing education classes and webinars sponsored by the Florida Bar, NAIOP, and other real estate professional organizations on commercial leasing, real estate transactions, finance and development.
With depth of experience in representing landlords, tenants, buyers, sellers, developers, borrowers, funds and investors in real estate and real estate related private equity transactions, George is a solution-driven attorney who recognizes the importance of closing deals for his clients.
Eric Rapkin, Esq.
Chair, Real Estate Practice Group
Eric Rapkin serves as chair of Akerman’s Real Estate Practice Group, one of the nation’s top-ranked real estate legal teams representing developers, investors, and other real estate end users in complex transactions, development and redevelopment projects, public-private initiatives, loan origination and recoveries, and litigation matters across the United States and Latin America.
A consummate dealmaker, Eric’s practice focuses on sophisticated commercial real estate transactions, including the leasing, acquisition, disposition, and financing of office towers, shopping centers, industrial properties, hotels, and medical office buildings for top developers, institutional investors, and investment funds.
Recognized by Chambers USA as “a very knowledgeable resource on leasing transactions,” as well as noting that “he approaches things from a business perspective,” Eric has finalized deals for many millions of square feet of office, retail, industrial, and mixed-use projects. He is well versed in build-to-suit projects, possessing a detailed knowledge of the complex construction provisions that are central to these deals. Eric is also experienced in office tower acquisitions and dispositions and major public-private partnership transactions.
]Eric has served in numerous leaderships roles in the real estate sector, including the International Council of Shopping Centers (ICSC) and NAIOP Commercial Real Estate Development Association.
Audio Package and Materials – CD or Download: $425
For CDs please add $7.50 shipping and, in CA, sales tax.
(Audio packages are available approximately two to three weeks after the seminar is held.)
FL General: This program is approved for 8.0 general CLE in Florida through March 28, 2020.
Business Litigation: 8.0 units through March 28, 2020.
Real Estate: 8.0 units through March 28, 2020.
CA General: This program is approved for 6.5 units of general CLE in California.
This program is approved for CLE in the states listed above. Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.
Terms and Policies
Recording policy: No audio or video recording of any program is permitted.
Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.
Substitutions may be made at any time.
Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available. Conversions to CD require a $7.50 shipping fee, and in CA, 9% sales tax.
Downloads/CDs/DVDs – Refund policy:
Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.
Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.