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In-Person Program
Handling Commercial Sales: From Offer to Closing
Navigating sales transactions from all sides of the deal
2180212P01
Wednesday, 6/6/2018, 2:00 pm–5:00 pm
MCLE Conference Center, Ten Winter Place, Boston
3 substantive credits, 0 ethics credits
Product Description
The increasing complexity of commercial real estate sales transactions, the proliferation of national buyers and financing sources, and the changing roles of title insurance companies and lenders' counsel in the closing process have made it more important than ever to have a complete understanding of the sales process. This program covers the complete life cycle of a sale transaction, from entering into the agreements with the listing brokers and soliciting and negotiating the initial offers through the final recording and disbursement of funds.
2:00 - 2:05 pm
Welcome and Introduction
Daniel J. Ossoff, Esq., Rackemann, Sawyer & Brewster, Boston, Chair
2:05 - 2:20 pm
Preparing for the Sale Process
Seller Due Diligence; Identifying Potential
Obstacles to the Sale; Assembling the Marketing Package; Negotiating the
Brokerage Agreement with the Listing Broker
Robert M. Schlein, Esq., Prince Lobel Tye LLP, Boston
2:20 - 2:30 pm
Soliciting Offers
What an Offer Is, and What It Is Not; Avoiding the Pitfalls
of the Offer Process from Both the Seller’s and Buyer’s Perspective
Robert M. Schlein, Esq., Prince Lobel Tye LLP, Boston
2:30 - 3:40 pm
The P&S Agreement
Drafting and Negotiating Tips; Helpful Forms; Selecting
the Right Form for the Deal; Essential Elements of the Agreement; Using the
P&S Agreement as the Road Map for the Due Diligence Process and Closing
Thomas Bhisitkul, Esq., Moriarty Troyer & Malloy LLC, Braintree
Katelyn R. O'Brien, Esq., Wilmer Cutler Pickering Hale and Dorr LLP, Boston
3:40 - 3:55 pm
Buyer Due Diligence and Other Contingencies
Title, Survey,
Environmental and Other Essential Buyer Due Diligence; Using a Due
Diligence Checklist; Participation of the Title Insurance Company, Surveyor
and Other Professionals in the Due Diligence Process; Anticipating the Lender’s
Requirements; Diminishing Role of the Financing Contingency in Commercial
Real Estate Sales; Dealing with Existing Leases and Contracts
Daniel J. Ossoff, Esq., Rackemann, Sawyer & Brewster, Boston, Chair
3:55 - 4:05 pm
Networking and Refreshment Break
4:05 - 4:15 pm
Unique Issues in To-Be Built Projects
Permitting Contingencies; Lining
Up the Architect, Contractor and Other Professionals; Title and Survey Issues
Thomas Bhisitkul, Esq., Moriarty Troyer & Malloy LLC, Braintree
4:15 - 4:45 pm
Financing
Financing Commitment; Role of Lender’s Counsel; Expectations of
Lender’s Counsel Regarding the Role of the Title Insurance Company and
Other Players; Alternative Financing Vehicles, Including Participating Loans,
Mezzanine Financing and Joint Venture Arrangements; Potential Points of
Negotiation, and Points that the Lender Is Unlikely to Negotiate in Loan
Documents; Opinions of Counsel
Robert M. Schlein, Esq., Prince Lobel Tye LLP, Boston
Katelyn R. O'Brien, Esq., Wilmer Cutler Pickering Hale and Dorr LLP, Boston
4:45 - 4:55 pm
The Closing Process
Ensuring that Someone is Running the Show;
Essential Closing Documents; Managing Closing Adjustments and the Flow
of Funds; Escrow Instructions; The Recording Process and Gap Closings
Daniel J. Ossoff, Esq., Rackemann, Sawyer & Brewster, Boston, Chair
4:55 - 5:00 pm
Key Takeaways
Special Program Materials:
Table of Contents
Speaker(s)
Can't attend?
| Nonmembers | Sponsor Members | New Lawyers | |
|---|---|---|---|
| Audio CD: Handling Commercial Sales: From Offer to Closing | $135.00 | $121.50 | $101.25 |
| MP3 Download: Handling Commercial Sales: From Offer to Closing | $135.00 | $121.50 | $101.25 |
| On Demand Webcast: Handling Commercial Sales: From Offer to Closing | $135.00 | $121.50 | $101.25 |
| Live Webcast: Handling Commercial Sales: From Offer to Closing | $245.00 | $245.00 | $245.00 |
| Recorded Webcast: Handling Commercial Sales: From Offer to Closing | $245.00 | $245.00 | $245.00 |
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