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 primary business and investment assets, but also contain or create landmines of liability, accidental litigation and disputes as well as hidden risks with attendant opportunities for malpractice and mistake of the parties. If written poorly, negotiated by inexperienced counsel or administered without expertise, leases can be the downfall of an otherwise sound real estate investment and generate considerable material litigation as well as malpractice actions. 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. This program will help you to feel truly competent to negotiate these lengthy and sophisticated instruments, and to spot the hidden costs, risk shifting and common law demising.

Attending this course should be a priority for anyone representing users or occupiers of space, or owners as investors in real estate.

 

What You Will Learn  

  • Review long-term development and ground lease trends coupled with sale/leaseback structures
  • Examine the increasing numbers of disputes and litigation in “grossing up” and inclusion of "ownership" costs in drafting and interpretation
  • Discuss tricks and traps of subleasing and sub-subleasing
  • Evaluate current malpractice litigation of options to purchase equitable conversion and rental losses
  • Risks of loss during elongated executory intervals and misuse of appraisers rather than arbitrators or consultants
  • How to avoid 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
  • How to identify traps that increase tenant alterations costs — from the hidden to the obvious
  • Evaluate default remedies, and complex real estate issues in arbitration versus litigation
  • Discuss the re-emergence of the “takeover lease” — papering the risk and securing performance, and the “good guy guaranty games”
  • Review options in leases to purchase and malpractice by equitable conversion

 

Special Features

Earn 1.5 hours of Ethics credit!

 

Who Should Attend

Attorneys, landlords, developers, real estate investment advisers, lenders and anyone in the commercial real estate leasing field and other allied professionals, should attend this program.

Credit Details