Resource Library

902 - Real Estate Basics: Negotiating & Structuring Commercial Leases & Subleases

Commercial real estate acquisition is typically a key component of retail business expansion strategies. Take an in-depth look at build-to-suit and ground lease development, the complexities of cross-border acquisition and disposition and the ways that affect a developer’s access to due diligence and financing.

Real estate transactions in Mexico are complicated. Foreigners are prohibited from purchasing real estate in certain areas, while in other areas agrarian rights can affect the purchasers title to real estate. This program will discuss in detail the how legal transactions are processed in Mexico.

Environmental risks and liabilities, which can be substantial, are a part of most commercial and real estate transactions involving in-house counsel. Parties to a transaction must identify, evaluate and allocate those risks and liabilities in order to protect their interests; and the parties—sellers, purchasers, lenders and insurance companies—have diverse perspectives and methods for managing environmental risks. Learn the sources of environmental liabilities, including federal and state statutes, implementing regulations, local ordinances and rules and common law. Then discover contractual provisions for allocating or limiting environmental risks, including definitions, representations and warranties, covenants and conditions precedent, indemnities, releases and other contractual mechanisms to allocate or limit such risks. Speakers also will reveal non-contractual ways to allocate or limit environmental risks, including deed restrictions and environmental insurance.

This session will address alternative resolutions and provisions from a seller and buyer’s prospective in negotiating a contract of sale for an office building or other commercial real estate. Issues may include payment of closing costs, title, representations and survival provisions, remedies for default, adjustments and closing deliveries. They may also include estoppel certificates, due diligence, casualty provisions, mortgage assumption provisions and interim leasing issues and buyer’s approval rights during the contract period. The material will be presented in a simulated cross-fire challenge, and panelists will be assigned to advocate for either the buyer or seller.

As in-house counsel, we are sometimes called upon to review and/or negotiate leasing agreements. However, many of us lack real estate experience. This lack of experience can lead to being locked into an agreement with unfavorable terms for a long time. This Leasing Agreements Primer will provide a basic level of knowledge for in-house counsel, including clauses that should be included, clauses that can cause trouble and pitfalls to avoid.

This webcast discusses the benefits and methods of implementing a pro-active real estate inquiry program, as opposed to merely reacting to risk and opportunity situations.