Real Estate

Real Estate Transaction Oddities and Challenges: From Farms to Green Buildings

Credits Available
Credit Status Total
Alaska 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
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois 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
Montana CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Tennessee CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
5 hours 55 minutes
Scott Piekarsky
Jeff O
Stephen McNally
Neil Stein
Mitchell Pollard
With Scott B. Piekarsky from Offit Kurman, Attorneys At Law + 4 others
Recorded October 11, 2024
Product ID 99130

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Overview

Contractual Insights, Due Diligence Considerations, and More

When it comes to real estate transactions, you need to be ready for anything. Join our experienced faculty as they reveal special considerations for tackling an array of unique property types, including farms, waterfront properties, churches, and beyond. Build your knowledge in order to effectively advise and protect clients - register today!

  • Understand key contractual and due diligence considerations for transactions involving farms or ranches.
  • Explore water rights, access issues, regulations, dangers, and risk mitigation strategies for waterfront properties.
  • Review legal considerations for properties with renewable energy systems like solar panels and wind turbines.
  • Navigate the process and legal precautions for remediating and rehabilitating properties.
  • Discover what to look for in governance documents, rules, and regs for transactions involving condos, HOAs, or co-ops.
  • Advise clients on the legal and financial risks and opportunities associated with cannabis properties.

This program was designed in conjunction with NBI's esteemed 2023-2024 Content Advisory Committee Member Kimberly Jackson.

Abbreviated Agenda

  1. Agricultural Properties
  2. Waterfront Properties
  3. Off-Grid or Sustainable and Green Buildings
  4. Religious Properties
  5. Properties That Need to be Remediated or Rehabilitated
  6. Condos, HOAs, and Co-Ops
  7. Cannabis Properties
Product ID 99130

Credit Details

Credits Available
Credit Status Total
Alaska 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
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois 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
Montana CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Tennessee CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Agricultural Properties

    1. Site Selection and Utility Development
    2. Challenges with Zoning, Land Use Regulations, and Statutes or Regulations Governing Agricultural Land Transformation
    3. Environmental Issues
    4. Renewable Energy Leases
    5. Owner’s and Leasehold Policy Endorsements
  2. Waterfront Properties

    1. Water Rights and Access
    2. Wetlands Regulations, Shoreline Setback Requirements, Stormwater Management
    3. Floodplain Maps and Flood Insurance
    4. Title, Easements, and Water Boundary Disputes
    5. Liability and Insurance
    6. Erosion Control and Shoreline Protection
  3. Off-Grid or Sustainable and Green Buildings

    1. Regulations to Consider
    2. Disclosure Obligations Regarding Sustainable Features
    3. Contractual and Due Diligence Considerations
    4. Verifying Green Building Certifications
    5. Legal Issues for Solar Panels, Wind Turbines, Geothermal Heating and Cooling Systems
    6. Financing Issues
    7. Resale Restrictions
  4. Religious Properties

    1. Religious Freedoms and Property Rights
    2. RLUIPA and Zoning and Land Use Considerations
    3. Historical/Architectural Preservation Concerns
    4. Nonprofit and Tax-Exempt Status
    5. Use Restrictions
    6. Dealing With Cemeteries or Burial Grounds
  5. Properties That Need to be Remediated or Rehabilitated

  6. Condos, HOAs, and Co-Ops

    1. Understanding the Ownership Structure
    2. Reviewing Governing Documents and Rules and Regulations
    3. Board Approval and Resale Restrictions
    4. Financial Considerations, Including Common Area Maintenance
  7. Cannabis Properties

    1. Issues Stemming From Federal vs. State Law Conflict
    2. Contractual Considerations
    3. Leasing to Cannabis Businesses
    4. Financing Challenges
    5. Regulatory Requirements, Zoning and Land Use Regulations
    6. Environmental Concerns
    7. Property Valuation

Who Should Attend

This program is designed for attorneys. Real estate professionals, title insurance professionals, investors, underwriters, loan officers, and paralegals may also benefit.

Speakers

Scott B Piekarsky
Scott B.
Piekarsky
Offit Kurman, Attorneys At Law
Jeff C O'Brien
Jeff C.
O'Brien
Husch Blackwell LLP
Stephen McNally
Stephen
McNally
McNally & Bellino, LLC
Neil A Stein
Neil A.
Stein
Kaplin Stewart Meloff Reiter & Stein, P.C.
Mitchell Pollard
Mitchell
Pollard
Masuda Funai
Speaker bio
Scott B Piekarsky

Scott B. Piekarsky

Offit Kurman, Attorneys At Law
Scott Piekarsky

is principal at Offit Kurman, Attorneys At Law, where he concentrates his practice in the areas of licensed professional matters, insurance law, general negligence, small business representation, real estate, and community association law. Mr. Piekarsky regularly handles cases involving general corporate and business law, professional liability, attorney ethics and professional licensing representation, expert review, community association, real estate, chancery, commercial collections, probate, and appellate law. He is a certified civil trial attorney by the Supreme Court of New Jersey, a Rule 1:40 mediator, a Rule 1:40 mediator mentor, and a mortgage foreclosure mediator. Mr. Piekarsky is a trustee of the New Jersey Lawyers Fund for Client Protection, and a member of ABOTA, The Million Dollar Advocates Forum, and The Best Lawyers in America in real estate and commercial litigation. He earned his B.S. degree, magna cum laude, from Ramapo College of New Jersey; and his J.D. degree from Seton Hall University School of Law.

Speaker bio
Jeff C O'Brien

Jeff C. O'Brien

Husch Blackwell LLP
Jeff O'Brien

is a partner with Husch Blackwell, and serves as general counsel to a wide variety of small and closely-held businesses as well as real estate investors and developers. He has significant experience working with craft breweries, distilleries and wineries on an array of issues including entity formation, financing and tax, real estate matters, intellectual property protection, operational issues, and distribution contracts. Mr. O'Brien's clients also include real estate agents, developers and investors, community banks, title companies, restaurant operators, manufacturing companies, franchised businesses, retired professional athletes, financial advisors, insurance agents, and consulting businesses. He is certified as a real property law specialist by the Minnesota State Bar Association. A frequent lecturer and writer, Mr. O'Brien has presented and written articles on a variety of business and real estate topics. He is a regular guest on several radio shows and podcasts. Mr. O'Brien earned his B.S. degree, cum laude, from the University of St. Thomas and his J.D. degree, cum laude, from William Mitchell College of Law.

Speaker bio
Stephen McNally

Stephen McNally

McNally & Bellino, LLC
Stephen McNally

has extensive experience in land-related litigation and transactions. Mr. McNally has been retained by a number of Title Insurance Underwriters to litigate title claim matters on behalf of owners and lenders. He has also been retained by individual and corporate clients to address boundary line disputes. Mr. McNally has been appointed by the Superior Court of New Jersey to act as a boundary line commissioner. He has handled all aspects of commercial real estate transactions including but not limited to preparation and negotiation of contracts, assistance with due diligence, negotiation of loan documents, compliance with lender instructions and analysis of insurable and marketable title. Additionally, Mr. McNally focuses on the representation of industry professionals, such as architects and engineers. Mr. McNally is well-versed on the organization of legal entities and provides counsel to clients about the responsibilities of directors and officers. He is also a Rule 1:40 Qualified Mediator included on the roster of Court-appointed mediators in the State of New Jersey. In July, 2021 Stephen joined with Paige M. Bellino, Esquire to form McNally & Bellino, LLC. Mr. McNally has been a speaker on title claim issues for New Jersey Land Title Association as well as having served as a panelist for several seminars concerning complex real estate transactions, title insurance coverage and claims and boundary issues. Mr. McNally will be joining the Villanova Business School faculty in the Spring, 2024 Semester as an Adjunct Professor teaching a Course in Real Estate Law. Mr. McNally appeared as a panelist at the 2023 and 2024 Survcon events in Atlantic City sponsored by the New Jersey Society of Professional Land Surveyors.  During the 2024 Survcon event, Mr. McNally spoke on two separate panels; one on preparing and Negotiating Contracts and the other on Surveyors serving as experts in litigation. Mr. McNally and his partner Paige M. Bellino successfully argued before the New Jersey Supreme Court in Green Knight v. Calderon, 252 N.J. 265 (2022) which resulted in an interpretation of the Tax Sale Law favorable to their client. Mr. McNally is a member of the New Jersey Land Title Association, the Pennsylvania Land Title Association, the Cape May County Bar Association, an Affiliate Member of the Cape May County Association of Realtors and an Affiliate Member of the NEXUS Board of Realtors. Mr. McNally splits his time between his residences in Cherry Hill and Sea Isle City. In his spare time, he enjoys reading, running and spending time with his family. Some of his favorite memories include his trip to Greece with his wife celebrating their thirtieth anniversary and running the Broad Street Run and the Philadelphia Half Marathon with his son and daughter.

Speaker bio
Neil A Stein

Neil A. Stein

Kaplin Stewart Meloff Reiter & Stein, P.C.
Neil Stein

is an attorney and principal at Kaplin Stewart Meloff Reiter & Stein, P.C., located in Blue Bell, Pennsylvania. He has represented landowners, developers, institutions and non-profit groups for over thirty years in each and every phase of real estate law, including complex transactions, entity structuring, financing, land use approvals, land use litigation, eminent domain and real estate tax appeals. Mr. Stein is currently an adjunct professor of real estate law at the Temple University Beasley School of Law and lectures frequently to professional organizations. He also serves on the Legal Action Committee of the National Association of Home Builders, chair of the Political Action Committee, and a director of the Homebuilders Association of Bucks/Montgomery Counties. In 2015, Mr. Stein was inducted into the HBA Hall of Fame. He has also served as a director and member of the Judiciary Committee of the Montgomery Bar Association. Mr. Stein has been designated as a Super Lawyer by Philadelphia Magazine in multiple years, as well as being recognized as among the Best Lawyers in America. He graduated magna cum laude from Temple University with a Bachelors of Business Degree in accounting and economics; is a cum laude graduate of the Temple University Beasley School of Law; and holds a Masters of Law (LL.M.) in taxation. Mr. Stein also served as research editor of the Temple Environmental Law Journal.

Speaker bio
Mitchell Pollard

Mitchell Pollard

Masuda Funai
Mitchell Pollard

is a real estate attorney with Masuda Funai, focusing on matters involving the purchase, sale, or lease of commercial real estate. In his practice, he reviews and drafts purchase and sale agreements, construction contracts, leases and financing documentation, in addition to assisting with site selection and acquisition, due diligence, title and survey examination, entitlement issues,  property development issues and new construction. Mr. Pollard is committed to facilitating the real estate objectives of the firm’s clients. He began his legal career with a one-year clerkship at the Tennessee Court of Appeals (Civil Division) and, prior to joining Masuda Funai, he was a real estate associate in a suburban Chicago law firm. During law school, Mr. Pollard pursued a joint Juris Doctor and Master of Business Administration degree. He was a member of the University of Memphis Law Review, becoming an articles editor and serving as research assistant to the associate dean of academic affairs.

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