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Overview of Real Estate Transactions

Online Class material is 100% online, accessible by all standard web browsers. Use your desktop, laptop, tablet, or smartphone--your progress will by synced across all devices.
On-Demand The class is fully asynchronous. Do the work at your own pace, turn in your assignment when you're ready, and get instant feedback via model answers and video review sessions.
Interactive Learn with dynamic, interactive modules that keep you engaged in active learning using a variety of learning modes.
Experiential Includes practical assessments throughout the class, plus a capstone assignment where you apply your skills in the context of a real-world matter.

Class Content

Overview

This course is designed to introduce students to real estate transactions. The course starts by defining real estate transactions in general and identifying the parties involved. It then describes the different types of real estate transactions and identifies the key documents in each. Finally, the course identifies the essential roles attorneys play in real estate transactions and the remedies available to the parties when there is a problem with a real estate transaction.  

The course is designed to give real estate attorneys a better understanding of the transaction process and closing process for the three main types of real estate transactions - purchase and sale, loan, and lease. It is targeted to junior associates and provides helpful information and guidance regarding the role of a junior associate in each of the various transaction processes.

Objectives

Upon completion of this course, participants will be able to: 

  • Identify the various types and structures of real estate transactions
  • Understand the various parties involved in a real estate transaction and the respective concerns of the parties involved
  • Recognize the types of documents and terminology used in real estate transactions 
  • Understand the role of the attorney in various real estate transactions 
  • Review and summarize a letter of intent


Key Topics:  

  • Introduction 
    • What is a real estate transaction?
    • What are the primary motivations for clients to engage in real estate transactions?
    • Who are the typical parties involved in real estate transactions?
    • Who are the typical clients in real estate transactions?
  • Most common types of real estate transactions
    • Difference between Residential and Commercial
    • Purchase and sale
    • Lease
    • Loan
    • Construction 
    • Pre-development and Development
  • Documents generally involved in real estate transactions
    • Term Sheets/LOIs
    • Purchase and sale documents
    • Lease documents
    • Loan documents
    • Types of documents in other real estate transactions
      • Construction agreement
      • Pre-development and development agreements 
  • The roles of an attorney in the different real estate transactions
    • Importance of real estate attorneys
    • Role of the Buyer’s and the Seller’s counsel in a purchase and sale transaction
    • Role of the Landlord’s and the Tenant’s counsel in a leasing transaction
    • Role of the Lender’s and the Borrower’s counsel in a lending transaction 
    • Other situations where counsel may represent a real estate client
  • What happens when real estate transactions go wrong?
    • Short sales
    • Forbearance
    • Workouts
    • Unexpected discoveries during due diligence


Supplemental Materials/Additional Resources

  • Sample purchase and sale agreement
  • Sample special warranty deed 
  • Sample lease agreement 
  • Sample loan agreement
  • Sample financial term sheet for retail purchase
  • Sample closing binder index
  • Sample due diligence checklist 

Simulation Exercise

Students are presented with a small family office client that recently sold a 12,000 rentable square foot multi-tenant retail shopping center. The client intends to use the proceeds from the sale to purchase two like-kind properties. Students are asked to (1) prepare the initial draft of the letter of intent for one property and (2) revise the draft letter of intent received from opposing counsel for the other property.

CLE Credit

Participants may earn up to 1 CLE credit in the State of California and New York (NY: Areas of Professional Practice; CA: General Credit). Credit is for transitional and non-transitional attorneys in NY. This class is appropriate for both newly admitted and experienced attorneys. Financial Aid may be available for qualifying participants.

Preview

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Effective Learning with ROI--Backed by Education Science

Step 1: Learn

Learn at your own pace, absorbing lessons in short, easily digested segments led by experienced practitioners.

Step 2: Do

Apply what you've learned to solve real-world client scenarios, using transaction documents derived from actual deals.

Step 3: Review

Deepen your learning in virtual review sessions with an experienced practitioner. Review model answers and ask questions.

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