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 essential for seller’s and buyer’s counsel to have a complete understanding of the sales process. This program covers the complete life cycle of a sales 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. Our panel provides practical advice and helpful forms and checklists for each stage of the transaction.

Agenda & Materials

• 2:00 - 2:25 pm

  The Offer Process

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  Steps to prepare for the sales process; Negotiating the brokerage agreement with the listing broker; Soliciting offers and understanding what an offer is, and 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
  
• 2:25 - 3:15 pm

  Purchase and Sale Agreement

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  Drafting and negotiating tips; Selecting the right form for the deal; Essential elements of the agreement; Using the purchase and sale agreement as the road map for the due diligence process and closing

  Thomas Bhisitkul, Esq., Hinkley, Allen & Schneider LLP , Boston
  Katelyn R. O'Brien, Esq., Proskauer Rose LLP , Boston
  
• 3:15 - 3:30 pm

  Buyer Due Diligence and Other Contingencies

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  Title, survey, environmental and other essential buyer due diligence; Using a due diligence checklist; The due diligence team; Dealing with existing leases and contracts

  Daniel J. Ossoff, Esq., Verrill Dana LLP , Boston
  
• 3:30 - 3:40 pm

  Networking and Refreshment Break
• 3:40 - 3:55 pm

  Unique Issues in To-Be Built Projects

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  Permitting contingencies; Lining up the architect, contractor and other professionals; Title and survey issues

  Thomas Bhisitkul, Esq., Hinkley, Allen & Schneider LLP , Boston
  
• 3:55 - 4:40 pm

  Financing

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  Role of lender’s counsel, 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 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., Proskauer Rose LLP , Boston
  
• 4:40 - 4:55 pm

  Closing Process

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  Essential closing documents; Managing the closing process, adjustments and flow of funds; Escrow instructions; Recording process and gap closings

  Daniel J. Ossoff, Esq., Verrill Dana LLP , Boston
  
• 4:55 - 5:00 pm

  Key Takeaways

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  Panel
  
• “Ask the Experts” Q&A Session

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Please Note

MCLE webcasts are delivered completely online, underscoring their convenience and appeal. There are no published print materials. All written materials are available electronically only. They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Chair

Faculty