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Overview
Drafting, Negotiation, and Risk Allocation
Commercial real estate deals rarely fall apart over the headline terms - they fall apart over what's buried in the contract. This program walks you through the key provisions, common issues, and practical steps to help you spot risks early and protect your clients throughout the transaction. Gain confidence in reviewing and negotiating core commercial real estate contracts - register today!
- Know exactly what to check and what to ask before any entity signs on the dotted line.
- Catch the contract provisions that sink deals before your client fully commits.
- Read a commercial lease and know what the numbers and control provisions actually mean for your client.
- Understand what your borrower client is signing up for, including the obligations buried in loan covenants.
- Avoid costly mistakes in specialized and often-overlooked commercial real estate agreements.
- Use AI and e-signature tools correctly - and know the issues before they become your problem.
This program was designed in conjunction with NBI's esteemed Content Advisory Committee Member Kimberly Jackson.
Abbreviated Agenda
- Entity Authority, SPEs, and Guarantor Risk in Commercial Real Estate Deals
- Loan and Financing Agreements: Lender Controls and Borrower Risk
- Commercial Purchase and Sale Agreements: Key Provisions and Negotiation Tips
- Commercial Leases: Drafting, Negotiation, and Risk Allocation
- Digital Tools and AI in Commercial Real Estate Contract Drafting and Closings
- High-Risk Commercial Real Estate Agreements: Top Pitfalls and Dispute Triggers
- Ethical Pitfalls in Commercial Real Estate Transactions
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Pre-Order the OnDemand
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| California MCLE Paralegal |
|
6 Total |
| Alaska CLE |
|
6 Total |
| Alabama CLE |
|
6 Total |
| Arkansas CLE |
|
6 Total |
| Arizona CLE |
|
6 Total |
| California CLE |
|
6 Total |
| Colorado CLE |
|
7 Total |
| Connecticut CLE |
|
6 Total |
| Delaware CLE |
|
6 Total |
| Florida CLE |
|
7 Total |
| Georgia CLE |
|
6 Total |
| Hawaii CLE |
|
6 Total |
| Iowa CLE |
|
6 Total |
| Idaho CLE |
|
6 Total |
| Illinois CLE |
|
6 Total |
| Indiana CLE |
|
6 Total |
| Kansas CLE |
|
7 Total |
| Kentucky CLE |
|
6 Total |
| Louisiana CLE |
|
6 Total |
| Maine CLE |
|
6 Total |
| Minnesota CLE |
|
6 Total |
| Missouri CLE |
|
7.2 Total |
| Northern Mariana Islands CLE |
|
6 Total |
| Mississippi CLE |
|
6 Total |
| Montana CLE |
|
6 Total |
| North Carolina CLE |
|
6 Total |
| North Dakota CLE |
|
6 Total |
| Nebraska CLE |
|
6 Total |
| New Hampshire CLE |
|
6 Total |
| New Jersey CLE |
|
7.2 Total |
| New Mexico CLE |
|
6 Total |
| Nevada CLE |
|
6 Total |
| New York CLE |
|
7 Total |
| Ohio CLE |
|
6 Total |
| Oklahoma CLE |
|
7 Total |
| Oregon CLE |
|
6 Total |
| Pennsylvania CLE |
|
6 Total |
| Rhode Island CLE |
|
7 Total |
| South Carolina CLE |
|
6 Total |
| Tennessee CLE |
|
6 Total |
| Texas CLE |
|
6 Total |
| Utah CLE |
|
6 Total |
| Virginia CLE |
|
6 Total |
| Vermont CLE |
|
6 Total |
| Washington CLE |
|
6 Total |
| Wisconsin CLE |
|
7 Total |
| West Virginia CLE |
|
7.2 Total |
| Wyoming CLE |
|
6 Total |
| Delaware Certified Paralegal Program |
|
6 Total |
| Florida Registered Paralegal |
|
7 Total |
| Indiana Paralegal CLE |
|
6 Total |
| Montana CLE Credit for Paralegals |
|
6 Total |
| North Carolina Continuing Paralegal Education |
|
6 Total |
| New Mexico Paralegal Division, State Bar of |
|
6 Total |
| Ohio Certified Paralegals |
|
6 Total |
| NFPA |
|
0 Total |
| Texas State Bar of Paralegal Division |
|
6 Total |
Select Jurisdiction
CLE
Paralegal
Agenda
-
Entity Authority, SPEs, and Guarantor Risk in Commercial Real Estate Deals
- Entity Authority and Deal Validity
- Single Purpose Entities (SPEs) and Lender Requirements
- Affiliate Transfers and Assignment Flexibility
- Hidden Deal Constraints: Organizational Documents, Guarantors, and "Bad Boy" Liability Exposure
-
Loan and Financing Agreements: Lender Controls and Borrower Risk
- Recourse vs. Nonrecourse Loans
- Core Economic Terms (Interest, Prepayment, Extensions)
- Borrower Covenants and Ongoing Obligations (Including Cash Management)
- Guaranties and Recourse Carveouts
- Collateral and Security Package
- Leasing and Operational Controls (Lender Oversight)
- Transfer and Assumption Restrictions
- Default, Remedies, and Enforcement
- Closing Conditions and Lender Deliverables
-
Commercial Purchase and Sale Agreements: Key Provisions and Negotiation Tips
- Letters of Intent: Binding and Nonbinding
- Purchase Price and Adjustment Mechanisms
- Prorations and Post-Closing True-Ups
- Due Diligence Structure, Including Title, Survey, and Condition of Property
- Representations and Warranties: Scope, Knowledge Qualifiers, Survival and Caps
- Covenants and Closing Conditions
- 1031 Exchanges: How Requirements Affect PSA and Closing Mechanics
-
Commercial Leases: Drafting, Negotiation, and Risk Allocation
- Rent and Operating Expenses
- Term, Renewal, Exit, and Expansion Rights
- Use, Exclusivity, and Operating Covenants
- Maintenance, Repairs, and Tenant Improvements
- Assignment and Subletting
- Default and Remedies
- Insurance, Indemnity, and Casualty Risk
- Financing and Third-Party Rights
-
Digital Tools and AI in Commercial Real Estate Contract Drafting and Closings
- Using AI in Drafting and Review
- Electronic Signatures and Enforceability
- Remote Closings and Digital Deal Execution
-
High-Risk Commercial Real Estate Agreements: Top Pitfalls and Dispute Triggers
- Brokerage/Listing Agreements
- Option Agreements / ROFR / ROFO Agreements
- Construction and Development Agreements
- Property Management Agreements
-
Ethical Pitfalls in Commercial Real Estate Transactions
- Conflicts of Interest - and Who is Your Client?
- Confidentiality, Data Rooms, and Information Sharing
- Ethical Concerns Surrounding AI Use
- Truthfulness in Negotiations and Deal Communications
- Handling Client Funds and Escrow Issues
Who Should Attend
This program is designed for attorneys. Real estate professionals, commercial real estate loan officers and underwriters, and paralegals may also benefit.
Speakers
Speaker bio
Richard J. Fox
is an attorney with the Law Office of Richard J. Fox PLLC, where his practice focuses on commercial and residential real estate. As legal counsel, he represents buyers, sellers, and lenders in residential and commercial real estate transactions, including title searches and closing. As a title insurance agent, Mr. Fox reviews title opinions and issues title insurance policies. He is admitted to practice in Vermont and Massachusetts, and before the U.S. District Court for the District of Massachusetts. Mr. Fox is a member of the Vermont, Massachusetts, and Chittenden County bar associations; and is an agent for Vermont Attorneys Title Corporation. He earned his B.A. degree from Rutgers College and his J.D. degree from The George Washington University Law School.
Speaker bio
Kevin T. Knight
is a partner in the law offices of DSK Law. He is board-certified as a trial lawyer by both The Florida Bar and the National Board of Trial Advocacy. Over the course of his practice, Mr. Knight has generally focused on personal injury litigation. He earned his B.S.B.A. degree, summa cum laude, from the University of Central Florida and his J.D. degree from Stetson University College of Law.
Speaker bio
Andrew L. Crabtree
is the principal of the Law Offices of Andrew L. Crabtree, P.C., where his firm focuses on transactional and litigated real estate, landlord-tenant, construction and general commercial business matters. He has a broad background in residential condominium development and sales in commercial leasing; and represents commercial owners, developers, purchasers and tenants, including a national franchise chain in commercial leasing and landlord and tenant matters. Mr. Crabtree represents businesses and individuals in federal and state trial courts, as well as in arbitrations and before administrative tribunals involving commercial disputes, constitutional claims, partnership and shareholder disputes, breach of contract claims, business torts, unfair competition, employment claims, trade secrets and intellectual property cases. He also represents contractors, owners, developers, design professionals, municipalities and state agencies relating to public and private construction and development projects, mechanics' liens, commercial lease disputes and landlord-tenant matters. Mr. Crabtree is a member of the American Bar Association, New York State Bar Association and Suffolk County Bar Association. He earned his B.A. degree, magna cum laude, from the State University of New York at Albany and his J.D. degree from Fordham University Law School.
Speaker bio
Jon S. Robins
is a shareholder based in the Philadelphia office of global law firm Greenberg Traurig, LLP. He handles a broad range of commercial real estate and finance matters on both the national and local level. Those include, but are not exclusive to finance, equity investment, restructurings, purchases and sales, and real estate development activities for clients in the private equity fund, capital market, institutional lender, REIT, hedge fund, developer, owner/operator, corporate, investor space and tax related matters. For more than two decades, Mr. Robins has represented lenders and equity providers, including conduit lenders, banks, insurance companies, family offices, and private equity funds in diverse matters such as the formation of joint ventures; structuring and making preferred equity investments; the origination, purchase, sale, restructuring and enforcement of mortgage loans; mezzanine and construction loans; subordinate ("B") notes; participation and co-lender interests; and in structuring and negotiating inter-creditor, co-lender, and participation and servicing agreements. In complex and novel structures of mortgage and mezzanine loans, he often represents CMBS lenders and borrowers. Other significant representations include lenders and borrowers in deed-in-lieu and assignment-in-lieu transactions; acquisitions by ground lease, development, leasing, repositioning and disposition of hotels, restaurants, retail centers, multi-family properties, and office buildings on behalf of private equity funds, developers, and institutions; several UCC sales to realize on defaulted mezzanine loan collateral; experience with both acquirers and targets involving the real estate aspects of corporate M&A transactions; and capital providers in receivables financing, factoring and asset-based lending, and in the workout of such transactions. Additionally, Mr. Robins has wide-ranging experience with tenancy-in-common financing, as well as financing hospitality properties. In terms of purchase and sale of distressed debt, both buyers and sellers have engaged him, and he regularly advises clients on both strategy and tactics to resolve default situations and enforce remedies. Mr. Robins is a member of the Philadelphia Bar Association. He earned his B.A. degree from Colgate University and his J.D. degree from the University of Cincinnati, College of Law, where he was elected to the Order of the Coif. Mr. Robins is a frequent lecturer on structured equity and loan issues.
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