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. The panel provides practical advice and helpful forms and checklists for each stage of the transaction.
Course Content
2:00 - 2:25 pmThe 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
Robert M. Schlein, Esq.,
Prince Lobel Tye LLP, Boston
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
Thomas Bhisitkul, Esq.,
Hinckley Allen LLP, Boston
Katelyn R. O'Brien, Esq.,
Proskauer Rose LLP, Boston
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
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
Permitting contingencies; Lining up
the architect, contractor and other professionals; Title and survey issues
Thomas Bhisitkul, Esq.,
Hinckley Allen LLP, 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
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
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
Panel
“Ask the Experts” Q&A Session
Please Note
This webcast is 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.
Speakers
ChairDaniel J. Ossoff, Esq.,
Verrill Dana LLP, Boston
Faculty
Thomas Bhisitkul, Esq.,
Hinckley Allen LLP, Boston
Katelyn R. O'Brien, Esq.,
Proskauer Rose LLP, Boston
Robert M. Schlein, Esq.,
Prince Lobel Tye LLP, Boston
