12-Hour Program

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Overview

Why you should attend

Leases are the building blocks of value for all real estate, and whether your client is entering into a lease, acquiring a leasehold, purchasing a Ground Lease or constructing on, investing in or lending on properties, knowing the “Commercial Lease,” current commercial leasing market trends, hot topics and current schemes is the most important investment they can make. Leases are long-term investments and your client or company expects you to make the best deal in order to avoid unusual risks. Your client is depending on you to preserve the investment in difficult “risky” times. Knowing “what’s hot and what’s not” can help you be on the “cutting edge” of the current market negotiations. Do you know how to negotiate true “recognition” agreements and protect the lease and all the rights under the lease from dilution of superior interests or being “wiped out” in the event of financial difficulty affecting the building or owner? Can you lead a “workout” of a troubled lease or landlord, or negotiate a lease conversion to equity and deed with purchase money financing and protect the interest? The more favorable the lease terms for the tenant, the higher the risk of later dilution of rights, title losses or higher difficulty of “closing the lease” in the first instance. And for equity participation or ownership conversion leases, and “buildable” ground leases, the risks of loss and needs for technical protections are paramount.

This program will help you to develop the bargaining and drafting expertise as well as the negotiation techniques necessary to avoid unnecessary risk and hidden charges, non-market limitations on company operations and costly errors and to place your client, the owner or occupier of commercial real estate, in the most advantageous position. With the market improving, now is the time to learn how to maximize your long-term value and turn a lease into an investment.

What you will learn

  • Evaluation of the equity conversion lease transaction to ownership and the additional need of protections from “springing superior interests” and obtaining the “durable true recognition” agreement
  • Understanding the “buildable” and financeable Ground Lease structure and economics
  • Addressing and mock negotiation of hot and current “big ticket” items of costs and risk in construction of the leased premises
  • Discussions and practice tips on “The Troubled Lease Workout and Landlord Failures” – securing the landlord’s performance and security for owner cash flow obligations
  • Practice tips – tenant’s filing of alterations plans “triggering” violations and compliance obligations with preexisting but deferred building, fire and safety laws
  • The history and practical use of “Good-Guy/Bad-Guy” off-balance sheet guaranty – hidden backdoor liability
  • Current Market Update! “Ownership Costs” including repair, insurance and compliance responsibilities and how to shift them back to the owners/landlords
  • Hot practice tips for retail malls with low occupancy/operations levels – “take a test ride” under pre-leasing occupancy and build-out early delivery agreements
  • Practical real estate transactional-based ethical considerations

Who should attend

Attorneys who practice in the commercial real estate leasing field and other allied professionals, including retail facilities directors, real estate brokers, property managers, property fund managers, governmental regulators/service providers and REIT investors and accountants.

Credit Details