Buying and selling commercial real estate is a lengthy and complex undertaking from diligence and letters of intent to mortgage agreements and, ultimately, the underlying purchase and sale agreement. Reps and warranties have become more extensive and exacting in detail. Financing contingencies have become lengthy and complex. Due diligence has become lengthier, more invasive and costlier – or barely permitted at all, in particularly “hot” markets. Managing all these elements is demanding. This program will provide you a practical guide to the transactional cycle of buying and selling commercial real estate.
Day 1:
· Planning the process – letters of intent, negotiations, closing process
· Due diligence depending on the type of deal – title, environmental, finance issu
· Understanding the minefield of seller’s reps and warranties
· Buyer and seller’s covenants in a volatile market
· Deposits of money
Day 2:
· Issues for income producing properties, multiple family properties, and distressed properties
· Finance issues in operative agreements, including finance contingencies, and working with commercial lenders
· Conditions to closing and reducing the risk of not closing
· Post-closing issues, baskets, escrow and contingencies
· Bankruptcy issues in operative agreements
Speakers:
Anthony Licata is a partner in the Chicago office of Taft Stettinius & Hollister LLP, where he formerly chaired the firm’s real estate practice. He has an extensive practice focusing on major commercial real estate transactions, including finance, development, leasing, and land use. He formerly served as an adjunct professor at the Kellogg Graduate School of Management at Northwestern University and at the Illinois Institute of Technology.
John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP. He has more than 40 years’ experience in real estate law practice. He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute. He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law. He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.
Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition. Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years. He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference. Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.
Disclaimer: All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.