Introduction to Due Diligence in Commercial Real Estate Sales: Buyer and Seller Considerations, Pitfalls to Avoid
Recording of a 60-minute premium CLE video webinar
This CLE webinar will provide new real estate attorneys with an overview of the due diligence process to be conducted before finalizing any commercial real estate sales transaction. The panel will examine obligations and issues facing buyers and sellers and will discuss how to best define due diligence provisions in the purchase and sale agreement (PSA).
Outline
- Introduction
- Purpose of due diligence
- Understanding the transaction's objectives
- Defining the scope of due diligence
- Due diligence process and required documentation: buyer and seller considerations
- Physical inspection of the property and buildings
- Environmental review
- Financial analysis
- Legal review (e.g., title searches, contractual obligations, pending litigation)
- Drafting due diligence provisions in the PSA
- Practitioner takeaways
Benefits
The panel will review these and other key considerations:
- On what areas should buyers focus when performing due diligence? How are these impacted by the objective of the transaction?
- What are the obligations and issues facing sellers during the due diligence process?
- How can counsel best protect their clients' interests when drafting due diligence provisions in the PSA?
- What are best practices for practitioners when guiding clients through the due diligence process?
Faculty
Gretta C. Spendlove
Shareholder, Board of Directors
Dentons Durham Jones Pinegar
Ms. Spendlove is on the Board of Directors of Dentons Durham Jones Pinegar and practices in the Real Estate Section,... | Read More
Ms. Spendlove is on the Board of Directors of Dentons Durham Jones Pinegar and practices in the Real Estate Section, the Business & Finance Section, and the Intellectual Property Section. She represents buyers and sellers in purchasing, selling, leasing, and developing commercial real estate; advises startups and established entities in creating, buying, selling, merging, and maintaining partnerships, limited liability companies, and corporations, as well as entering into a wide range of business contracts. She also handles intellectual property issues such as trademarks and copyrights.
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Larry Welch
Partner; Chair of Real Estate Group
Frankfurt Kurnit Klein & Selz
Mr. Welch handles real estate transactions for high-profile individuals and businesses in the entertainment,... | Read More
Mr. Welch handles real estate transactions for high-profile individuals and businesses in the entertainment, advertising, restaurant, personal care, and professional services industries. He regularly advises on purchases, sales, leases and financings of a wide range of commercial properties -- including retail stores, restaurants, music studios, art galleries, advertising agencies, gyms, professional offices, schools and other public spaces across the country. He guides clients at every stage of their real estate journey – from opening their places of business, to buying and selling land and buildings, to purchasing investment properties and personal residences. In addition to his real estate transactions practice, Mr. Welch works with the the firm’s Litigation Group to resolve real estate-related disputes, and with the Restaurants Group to provide legal advice to restaurateurs and their business partners. Mr. Welch serves as Chair of the New York City Bar Association’s Hospitality Law Committee. He has presented on real estate issues for the New York City Bar Association and other organizations.
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