Title and Survey—Explanation of basic title documents, what title insurance is and what it covers, how to decipher key sections of a title insurance policy, and what to expect when negotiating the policy. Also covers essential survey elements and how to locate them.
Overview, Offers/Letters of Intent, Acquisition Documents—What should and should not be in a letter of intent or offer to purchase and why, and how to progress from offer or LOI to purchase and sale agreement, including an examination of key purchase and sale agreement issues such as representations and warranties, pre-closing rights and obligations, closing conditions, and remedies for default. Considerations concerning choice of buyer entity are also covered.
Zoning, Subdivision, Environmental Site Assessments—Overview of zoning law, including forms of zoning relief, and how to perform a zoning analysis on proposed and completed projects. Also covers how the Subdivision Control Law and local practices can help or hinder development and what to look for in an environmental site assessment report—and what to do when you find it.
Permanent Financing—The loan application and commitment process, and important document provisions, including nonrecourse clauses, subordinate financing, due on sale, prepayment penalties, and financial covenants. How permanent financing documents affect every aspect of your client’s project, from the ability to restore the building following a casualty to the ability to find and retain quality tenants.
Leasing—Discussion of office and retail lease issues from the perspectives of landlord and tenant, from term sheet to final lease. Covers key concepts applicable to any lease, including operating and common area maintenance expense and tax provisions and construction of leasehold improvements, as well as how to digest and abstract a lease.
