12-Hour Program

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Overview

Why You Should Attend

Leases, known as the building blocks of value for all real estate, are a primary business asset, but also contain landmines of liability and opportunities for malpractice and mistake of the parties. If written poorly, negotiated by inexperienced counsel or administered without expertise, they can be the downfall of an otherwise sound real estate investment and generate considerable material litigation as well as malpractice actions. From the tenant’s perspective, lack of attention or in-depth knowledge can impair operations, increase costs, add operational or financial risk, and possibly limit growth. For those drafting and negotiating for landlords and owners, mistakes can cost considerable amounts and if in property typical forms, can impair ownership of the asset. Attending this course should be a priority for anyone representing users or occupiers of space, or owners as investors in real estate. There’s no disputing the importance of intimately knowing the lease as a multidimensional financial tool, hell or high-water financial instrument, and contract of limitations and regulations. This program will help you to feel truly competent to negotiate these lengthy and sophisticated instruments, along with spotting the hidden costs, risk shifting and common law demising. Your client is depending on you to help preserve their investment in today’s world. The program will cover “what’s hot and what’s not,” and help you stay on the “cutting edge” of current market negotiations. With the changing market, and rise of cleverly drafted leases, learning how to stay a step ahead and fine-tune your skills, techniques and strategies is certainly a wise investment of your time.

What You Will Learn

  • Long-term development and ground lease trends
  • Increasing numbers of disputes and litigation in “grossing up” drafting and interpretation
  • Current administration equitable conversion and rental losses and risks of loss during elongated executory intervals
  • Current negotiation strategies, market tricks, and advice and custom for avoiding common traps with “turnkey” and “build to suit” versus hidden costs for the construction or work allowance
  • Examine alternative financial strategies for securing the landlord’s performance and security for owner cash flow obligations under large lease work letters and tenant improvement allowances
  • Identifying traps that increase tenant alterations costs – from the hidden to the obvious
  • Default remedies, and complex real estate issues in arbitration versus litigation
  • Re-emergence of the “takeover lease” — papering the risk and securing performance, and the good guy guaranty games
  • Encountering the usufruct vs. lease for term of years and alienation risks

Special Feature

  • Earn one hour of Ethics credit

Who Should Attend

Landlords, developers, real estate investment advisers, lenders and anyone else in the commercial real estate leasing field, and other allied professionals, including certified public accountants, retail facilities directors, real estate brokers, commercial property managers, property fund managers, government regulators/ service providers, lease cost compliance professionals and REIT investors

Credit Details