Opinions of Counsel in Real Estate Finance Transactions
Assumptions, Qualifications, Limitations, and Factual Certificates That Reduce Risks for Opinion Givers
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will prepare counsel to draft third-party opinions for real estate finance transactions. The panel will cover the opinions often provided--including authority, enforceability, and property-related opinions--and the assumptions, limitations, and qualifications that counsel should include to limit exposure.
Outline
- Preparing commercial real estate finance opinions
- Range of opinions
- Assumptions
- Opinion language
- Limitations
- Use of the opinion letter: reliance
- ABA Reports
Benefits
The panel will review these and other key issues:
- What are the general responsibilities of the opinion giver?
- What guidance do the ABA Reports provide on opinion preparation?
- What are due diligence steps critical for counsel preparing commercial real estate finance opinion letters to minimize risks and liabilities?
- How to word the actual opinion
- What assumptions, qualifications, and limitations should counsel consider to limit the scope of opinions?
Faculty
William B. Dunn
Of Counsel
Clark Hill
Mr. Dunn has routinely been involved in a broad spectrum of real estate and commercial transactions for private and... | Read More
Mr. Dunn has routinely been involved in a broad spectrum of real estate and commercial transactions for private and public entities. His work has included infrastructure development; acquisitions, development, financing, and leasing of commercial and industrial facilities; real estate secured finance on behalf of lenders and borrowers; foreclosures and workouts; industrial project finance, and land use and development. Mr. Dunn is recognized for his contributions to the subject of legal opinions in commercial finance transactions. He has served as chair of committees for the American College of Real Estate Lawyers and the ABA Section of Real Property, Trust and Estates Law on that subject. Mr. Dunn has presented at many CLE programs, authored numerous published articles, and served as reporter for reports related to opinions in real estate finance. He serves as an Advisory Board Member of WGLO, and a recipient of its James J. Fuld Award.
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R. Marshall Grodner
Member
McGlinchey Stafford
Mr. Grodner's practice focuses primarily on commercial transactions, secured transactions, commercial finance,... | Read More
Mr. Grodner's practice focuses primarily on commercial transactions, secured transactions, commercial finance, opinion letters, commercial real estate and gaming law. He has an extensive practice representing lenders in large commercial transactions, locally, regionally and nationally. He authored or co-authored articles dealing with secured transactions, commercial real estate and other business law issues, and also presented on issues concerning loan documentation, secured transactions, ethics and professionalism in the transactional context and real estate law.
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Steven O. Weise
Partner
Proskauer Rose
Mr. Weise practices in all areas of commercial law and has extensive experience in financing, especially in those... | Read More
Mr. Weise practices in all areas of commercial law and has extensive experience in financing, especially in those secured by personal property, including structured financing. He is regarded as one of the foremost authorities on Article 9 of the UCC. He is a member of the Permanent Editorial Board for the UCC and a member of the American Law Institute’s UCC Article 9 Drafting Committee. Mr. Weise is also the past chair of the American Bar Association’s Business Law Section Legal Opinions Committee.
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