Structuring Opinions of Counsel in Real Estate Finance Transactions
Assumptions, Qualifications, Limitations, and Factual Certificates That Reduce Risks for Opinion Givers
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will prepare counsel to draft third-party opinions for real estate finance transactions. The panel will cover the opinions required--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
- 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?
- What assumptions, qualifications, and limitations should counsel consider to limit the scope of opinions?
Faculty
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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