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Due Diligence in Real Estate Transactions

Credits Available
Credit Status Total
California MCLE Paralegal Approved 6 Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 0 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Delaware Certified Paralegal Program Approved 6 Total
Florida Registered Paralegal Approved 6 Total
Indiana Paralegal CLE Approved 6 Total
Montana CLE Credit for Paralegals Approved 6 Total
North Carolina Continuing Paralegal Education Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Ohio Certified Paralegals Approved 6 Total
NFPA Approved 0 Total
Texas State Bar of Paralegal Division Approved 6 Total
OnDemand
6 hours
Peter Kogan
Ralph DeMeo
Corey Zurbuch
Susan Nixon
Joel Callins
With Peter L. Kogan from Reed Smith LLP + 4 others
Coming Soon! OnDemand recording will be available on June 08, 2026.
Product ID 102002

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Overview

Leave No Stone Unturned During the Real Estate Due Diligence Process

Due diligence is a critical part of any real estate transaction, but even the most experienced practitioners can make mistakes. In this informative overview of the real estate due diligence process, our expert faculty will guide you through an exhaustive list of due diligence best practices that will allow you to hone your skillset. Whether you are new to real estate due diligence or are an experienced attorney in need of a refresher, you are sure to walk away with valuable information you can use in your next real estate transaction - register today!

  • Properly formulate the scope of your due diligence review and ensure all bases are adequately covered.
  • Recognize inconsistencies between land surveys and legal descriptions that can potentially compromise your client's ability to hold title.
  • Obtain essential strategies to deal with title defects that put your client's transaction in jeopardy.
  • Protect your clients by ensuring commercial property income streams are what sellers say they are.
  • Go through seller representations and warranties with a fine-toothed comb to locate any errors or withholdings of critical information.
  • Alleviate the risk of environmental cleanup liability by ensuring essential tests are performed.

Abbreviated Agenda

  1. Foundational Aspects - Formulating the Scope of the Due Diligence Review
  2. Conducting Title Due Diligence - Ensuring Marketable and Insurable Titles
  3. Recognizing Critical Issues in Land Surveys and Legal Descriptions
  4. Lease Issues - Avoiding Unforeseen Events and Unexpected Outcomes
  5. Confirmation of Representations and Warranties
  6. Evaluating Environmental Cleanup Risks
  7. Ethical Considerations

Related Topics

Product ID 102002

Credit Details

Credits Available
Credit Status Total
California MCLE Paralegal Approved 6 Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 0 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Delaware Certified Paralegal Program Approved 6 Total
Florida Registered Paralegal Approved 6 Total
Indiana Paralegal CLE Approved 6 Total
Montana CLE Credit for Paralegals Approved 6 Total
North Carolina Continuing Paralegal Education Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Ohio Certified Paralegals Approved 6 Total
NFPA Approved 0 Total
Texas State Bar of Paralegal Division Approved 6 Total
Select Jurisdiction
CLE
Paralegal

Agenda

All times are shown in

  1. Foundational Aspects - Formulating the Scope of the Due Diligence Review

    1. Purpose and Objectives of Due Diligence
    2. Sources of Due Diligence Materials
    3. Interested Party Lists: Who Should be on Them
    4. Reviewing the Transaction Agreement
    5. Creating Master Task Lists
    6. Due Diligence Request Lists: Modifying Boilerplate Lists for More Effective Review
    7. Loan Commitment and Loan Closing - How Lenders Conduct Due Diligence

  2. Conducting Title Due Diligence - Ensuring Marketable and Insurable Titles

    1. Understanding Title Insurance
    2. Understanding the Title Commitment
      1. Standard Exceptions
      2. Other Exceptions
    3. General Strategies for Dealing with Exceptions
      1. Living with an Exception
      2. Waivers
      3. Endorsements
      4. Cures
      5. Title Indemnities
      6. Quiet Title Actions
    4. Specific Exceptions
      1. Liens and Mortgages
      2. Easements
      3. Encroachments

  3. Recognizing Critical Issues in Land Surveys and Legal Descriptions

    1. Ensuring the Validity of ALTA Surveys and Legal Descriptions
    2. Locating and Evaluating Easements and Servitudes
    3. Access or Lack Thereof
    4. Encroachments
    5. Zoning and Setback Requirements
    6. Evidence of Use by Others
    7. Inconsistencies Between Land Surveys and Legal Descriptions

  4. Lease Issues - Avoiding Unforeseen Events and Unexpected Outcomes

    1. Rights of Parties in Possession
    2. Obtaining Estoppel Letters: What They Should Address
    3. Assessing the Stability of the Income Stream
    4. Rights of First Offer and First Refusal: Determining Their Scope and Duration

  5. Confirmation of Representations and Warranties

    1. Lawful Status and Correct Name of Seller
    2. Unconditional Occupancy Permits for Property Improvements
    3. Payment of Taxes and Assessments
    4. Service Contracts
    5. Physical Condition of Property

  6. Evaluating Environmental Cleanup Risks

    1. Liability Risks - CERCLA, TORT etc.
    2. Phase I Environmental Site Assessment
    3. Phase II Environmental Site Assessment
    4. Phase III Environmental Site Assessment
    5. Additional Environmental Testing
    6. Managing the Results of Testing - Receipt, Review and Reporting

  7. Ethical Considerations

    1. Conflicts of Interest
    2. Duties of Competence and Diligence
    3. Disclosure of Defects in Property
    4. Attorneys' Fees

Who Should Attend

This essential walkthrough of real estate due diligence is for attorneys. Real estate professionals, title agents, banking professionals, and paralegals may also find it useful.

Speakers

Peter L Kogan
Peter L.
Kogan
Reed Smith LLP
Ralph A DeMeo
Ralph A.
DeMeo
Adams and Reese LLP.
Corey T Zurbuch
Corey T.
Zurbuch
Fox Rothschild LLP
Susan A Nixon
Susan A.
Nixon
Lemery Greisler LLC
Joel Callins
Joel
Callins
Lazega & Johanson LLC
Speaker bio
Peter L Kogan

Peter L. Kogan

Reed Smith LLP
Peter Kogan

is counsel in the real estate group of the law firm of Reed Smith LLP. He represents clients in all major aspects of transactional real estate law, including property acquisition and disposition, land use and development, leasing and subleasing, and real estate finance and entity structuring. Mr. Kogan's clients have included large global retailers, professional sports franchises, hotel and restaurant developers, major industrial and manufacturing businesses, software and information technology companies, entities engaged in commercial transportation and waste disposal, and owners of retail and other properties. He focuses his practice on complex transactions involving the multi-purpose development and redevelopment of large-scale properties in Western Pennsylvania and elsewhere, which frequently include extensive and innovative arrangements with public and quasi-public agencies for the use of former industrial, commercial and institutional sites. In connection with such transactions, Mr. Kogan has assisted clients in securing public-private financing, and entering into partnership and development agreements governing the use and development of brownfield and grayfield sites. He has lectured extensively on issues of real estate law and commercial development in Western Pennsylvania. Mr. Kogan earned his B.A. degree from the University of Michigan and his J.D. degree, with honors, from Emory University School of Law.

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Speaker bio
Ralph A DeMeo

Ralph A. DeMeo

Adams and Reese LLP.
Ralph DeMeo

is Special Counsel in the Tallahassee office of Adams & Reese LLP, where he practices primarily environmental, land use, and administrative law. He represents businesses, landowners, individuals, and government entities throughout Florida and nationally in state and federal courts, before state and federal agencies, and in connection with legislative initiatives. Mr. DeMeo's practice covers environmental and land use matters, administrative proceedings, toxic torts, brownfields, contaminated site work, real estate due diligence, condemnation, energy and utility law, and animal law. He earned his B.A. and M.A. degrees from Stetson University and his J.D. degree from FSU Law. Mr. DeMeo is ranked by Chambers USA as a top-tier Recognized Practitioner in Environment: Florida; holds Martindale-Hubbell's AV-Preeminent 5.0 rating; and has been named to Best Lawyers in America, Florida Super Lawyers, Who's Who Legal of Florida, and the Lexology Index of top environment and climate change lawyers worldwide. He is the author of more than 35 law journal articles and currently serves as an Adjunct Professor of Law at FSU College of Law, Stetson College of Law, and Tallahassee State College.

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Speaker bio
Corey T Zurbuch

Corey T. Zurbuch

Fox Rothschild LLP
Corey Zurbuch

is a partner at Fox Rothschild LLP. He handles a broad range of commercial and multifamily residential real estate deals and is well versed in matters involving homeowner, condominium and planned community associations. This experience is particularly valuable when advising clients who are looking to purchase properties that include these entities. Mr. Zurbuch is a seasoned real estate, business and litigation attorney, he guides clients through complex property transactions and helps resolve commercial and construction disputes in and out of court. He earned his B.A. degree from Denison University and his J.D. degree from West Virginia University College of Law. 

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Speaker bio
Susan A Nixon

Susan A. Nixon

Lemery Greisler LLC
Susan Nixon

is a member at Lemery Greisler LLC. She focuses her practice in the areas of real estate, economic development and project development, banking and commercial finance and trust formation and administration, estate planning and administration, and succession planning. Prior to joining Lemery Greisler LLC, Ms. Nixon was with a local long-term care and estate planning firm with a supplemental focus on business planning and real estate. She also has significant experience in real estate development. Ms. Nixon is the immediate past board president of LifePath, the Albany non-profit (formerly Senior Services of Albany) that provides a broad range of supportive services for our older community adults, including but not limited to meals-on-wheels, adult social day programs, social events, insurance counseling. She is admitted to practice in the State of New York. Ms. Nixon earned her B.A. degree from Queens College and her J.D. degree from St. John's University School of Law.

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Speaker bio
Joel Callins

Joel Callins

Lazega & Johanson LLC
Joel Callins

is of counsel at Lazega & Johanson LLC, specializing in civil litigation, real estate, creditor rights and government law. With over 21 years experience in the field, he provides strategic guidance to clients on general liability, civil claims and homeowner disputes. Prior to joining the firm, Mr. Callins served as a supervising senior attorney in the Litigation Division for the City of Atlanta. He also served as an assistant county attorney, magistrate and assoc. civil court judge for Macon-Bibb County. Prior to his public sector work, Mr. Callins successfully ran his own law practice for 12 years. He earned his B.A. degree from Birmingham-Southern College and J.D. degree from Samford University Cumberland School of Law.

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