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Handling Commercial Sales: From Offer to Closing

Navigating sales transactions from all sides of the deal

  • Product Number: 2190306P01
  • CLE Credits, earn up to:
    3 substantive credits, 0 ethics credits CLE Credit Note
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  • Product Description
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  • Product Description

    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

    Agenda & Materials

    • 2:00 - 2:25 pm

      The Offer Process

      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
    • 2:25 - 3:15 pm

      Purchase and Sale Agreement

      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
    • 3:15 - 3:30 pm

      Buyer Due Diligence and Other Contingencies

      Title, survey, environmental and other essential buyer due diligence; Using a due diligence checklist; The due diligence team; Dealing with existing leases and contracts
    • 3:30 - 3:40 pm

      Networking and Refreshment Break

    • 3:40 - 3:55 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 , Boston
    • 3:55 - 4:40 pm

      Financing

      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
    • 4:40 - 4:55 pm

      Closing Process

      Essential closing documents; Managing the closing process, adjustments and flow of funds; Escrow instructions; Recording process and gap closings
    • 4:55 - 5:00 pm

      Key Takeaways and “Ask the Experts” Q&A Session

      Panel

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