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Subsequent Developers: Special Considerations and Potential Liabilities

 

Gain an understanding of the unique risks associated with acquiring existing and distressed real estate projects.

Buying existing developments, whether commercial or residential, carries added legal and financial risks not otherwise associated with ground-up development projects. These risks are further heightened when acquiring distressed property from bank foreclosure sales or under similar circumstances. Frequently, persons who acquire such developments fail to appreciate the additional due diligence and proactive measures required to successfully navigate subsequent developer liabilities or, in the case of bank REO acquisitions, how to quickly and efficiently assemble relevant property information from multiple independent sources. This topic provides subsequent owners with enhanced understanding of the unique risks associated with acquiring existing and distressed real estate projects, including both commercial and residential properties. Additionally, the content will explain the most common pitfalls of such acquisitions while simultaneously addressing how to mitigate and manage such risks to enhance overall project profitability.

Agenda

Faculty

Michael S. Rodgers

Michael S. Rodgers

Polsinelli PC

  • Real estate Shareholder in Polsinelli’s Atlanta office
  • Represents developers, investors and lenders who participate in residential, commercial, resort and mixed-use properties throughout the United States, and has extensive experience in real estate development and community association law
  • Advises major U.S. banks with their acquisition, administration and disposition of foreclosed residential, commercial and mixed-use properties throughout the Southeastern United States, including more than 100 assets in the past 10 years
  • Served as an adjunct law professor at the University of Georgia School of Law
  • Active member of the Urban Land Institute in addition to other real estate organizations
  • J.D. degree, Emory University School of Law; B.A. degree, with honors, College of William & Mary
  • Can be contacted at 404-253-6074 or [email protected]

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