Understand the concepts and organization underlying residential and commercial real estate transaction documents.
Residential and commercial real estate transactions are built upon the documents which lay out the terms and conditions for those transactions. In order to be effective, those documents must contain clearly articulated concepts and be organized so the parties to the transactions, and sometimes finders-of-fact (that is, judges and juries), can interpret those documents. It is a best practice if real estate transaction documents are designed and constructed from a proactive risk management perspective, using checklists to ensure the relevant substantive and procedural matters are addressed and not inadvertently dropped. This topic is intended to help real estate professionals such as developers, owners, property managers, engineers, surveyors, contractors, and attorneys understand how to prepare and review real estate documents in a variety of settings such as purchase and sale transactions, leases, development projects, shared ownership/management/cost-sharing arrangements (condominiums, cooperatives, owner associations), and mortgage financings.
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Practical Real Estate Transaction Document Principles
- The Relationship of the Transaction Parties
- Nature of Representations, Warranties, and Covenants
- Mandatory vs. Prohibited vs. Negotiable Provisions
Proactive Risk Management
- General: Nature, Benefits, and Implementation
- Specific: Interpretation -Drafting Avoiding Vagueness and Ambiguity
- Use of Drafting Checklists
Conceptualizing Real Estate Transaction Documents
- Client Expectations and the Role of Real Estate Lawyers
- Research Areas
- Drafting Components of Real Estate Transaction Documents
Organizing Real Estate Transaction Documents
- Arranging Concepts Into Actionable Real Estate Transaction Documents
- Methods to Organize Real Estate Transaction Documents
- Moving From Organization to Drafting Real Estate Transaction Documents
Articulating Real Estate Transaction Documents
- Promoting Clarity (and Simplicity) in Drafting
- Avoiding Interpretation Challenges to Drafting
- The Central Role of Proofreading
Drafting in Various Real Estate Transaction Settings
- Purchase and Sales
- Development Projects
- Shared Ownership/Management/Cost-Sharing Arrangements (Condominiums, Cooperatives, Owner Associations)
- Mortgage Financings
- Letters of Intent
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This course was last revised on October 29, 2019.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.4
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- Arizona CLE 1.5
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- CA MCLE 1.5
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- CO CLE 2.0
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- CT CLE 1.0
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- HI CLE 1.25
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- IL CLE 1.25
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- NY CLE 1.5 including Areas of Professional Practice 1.5
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- UT CLE 1.5
- This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
- VA CLE 1.5
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.25
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Philip N. Kabler, Esq.
Bogin, Munns & Munns, P.A.
- Partner (shareholder) at Bogin, Munns & Munns, P.A.
- Practicing in the areas of real estate, business, banking, and equine industry
- Member of numerous professional and civic organizations
- Has taught at the University of Florida Levin College of Law and Warrington College of Business (undergraduate and graduate levels)
- J.D. degree, University of Pennsylvania Law School; B.A. degree, cum laude, Brandeis University
- Can be contacted at 352-332-7688 or [email protected]
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