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Overview
Purchase and Sale Agreements, Title Commitments, Loan Documentation, and More
Real estate transactions are document heavy. From the purchase and sale contract to closing documents, there's plenty to pore over - and plenty of things that can go wrong. Are you being thorough? This online seminar will teach you how to review, draft, and negotiate real estate transaction documentation so you can catch problems, keep transactions moving, and ensure clients get a solid deal. Protect your clients' interests - register today!
- Learn how to effectively negotiate key sticking points of the purchase and sale agreement.
- Discover how to spot issues in legal descriptions and surveys.
- Take a close look at the title commitment and exception documents.
- Prepare corrective documents to cure title defects and establish a proper chain of title.
- Review key provisions (and pitfalls) of real estate loan documentation.
- Avoid last-minute issues with a careful review of closing documentation.
Abbreviated Agenda
- Letters of Intent and Purchase and Sale Agreements
- Loan Documents: Sample Walkthroughs
- Legal Descriptions and Land Surveys: Reading and Issue Spotting
- Reviewing Title Commitments and Preparing Curative Documents
- Spotting Red Flags in Appraisal Reports, Leases, Environmental Reports, and More
- Complete Closing Checklists and Documentation
- Legal Ethics of Real Estate Transactions
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Nevada CLE |
|
6 Total | 12-16-2027 |
Select Jurisdiction
CLE
Agenda
-
Letters of Intent and Purchase and Sale Agreements
- Letters of Intent: Binding and Nonbinding
- Purchase Agreements vs. Land Contracts vs. Option Agreements
- Laying Out the Parties and Property Description
- Establishing Purchase Price, Payment, and Deposit
- Handling Contingency Clauses
- Negotiating Representations and Warranties
- Drafting Covenants and Conditions
- Indemnities for Buyers and Sellers
- Negotiating Default, Termination, and Remedies
- Sample PSA and Ancillary Documents
-
Loan Documents: Sample Walkthroughs
- The Loan Application
- Reviewing Term Sheets and Commitment Letters
- Loan Documents: Reviewing & Negotiating Key Provisions
- Promissory Note
- The Loan Commitment
- Security Instrument
- Assignment of Leases and Rents
- UCC-1 Financing Statements
- Guaranty Agreement
- Environmental Indemnity Agreement and More
-
Legal Descriptions and Land Surveys: Reading and Issue Spotting
- Dissecting Legal Descriptions
- Review of Sample Legal Descriptions
- How to Plot Legal Descriptions
- Applying State and ALTA/NSPS Standards
- Reading and Interpreting Surveys
- Sample Survey Review
- Reading Land Surveys and Legal Descriptions Together
-
Reviewing Title Commitments and Preparing Curative Documents
- The Title Search and Examination
- Reviewing the Title Commitment
- Examining Exception Documents
- Title and Survey Objection Letters
- Negotiating Removal of Title Exceptions
- Using Corrective Deeds and Affidavits
- Drafting Easement and Boundary Line Agreements
- Preparing Releases of Liens
-
Spotting Red Flags in Appraisal Reports, Leases, Environmental Reports, and More
- Appraisal Reports
- Property Condition and Capital Needs Assessment
- Environmental Site Assessments
- Analyzing Leases and Other Documents During Due Diligence
-
Complete Closing Checklists and Documentation
- Creating a Comprehensive Closing Checklist
- Reviewing and Fulfilling Escrow Instructions
- Examining the Closing Disclosure
- Real Estate Closing Documents
- Documents Needed for a 1031 Exchange
- Recording the Deed
- Recording Taxes - The Real Estate Transfer Tax Return
-
Legal Ethics of Real Estate Transactions
- Conflicts of Interest
- Client Confidentiality
- Disclosure of Defects
- Attorney Fees
- Trust Account Ethics
- Document Retention and Recordkeeping
Who Should Attend
This basic level online seminar is designed for attorneys. Real estate professionals, title insurance agents, lenders, and paralegals may also benefit.
Speakers
Speaker bio
David J. Winterton
is a partner in the Las Vegas law firm of David J. Winterton & Associates, Ltd., devoting the majority of his practice to bankruptcy law, corporate structuring, corporate reorganization and real property law. He is a licensed real estate broker in the state of Utah. Mr. Winterton has been certified in business bankruptcy law by the American Bankruptcy Board of Certification. He has lectured and written articles on a variety of landlord/tenant, bankruptcy and real estate topics. A graduate of Brigham Young University, Mr. Winterton earned his J.D. degree from Pepperdine University. He is a member of the American Bankruptcy Institute and the Association of Southern Nevada Bankruptcy Attorneys (director, 1993-1996). Mr. Winterton is the originator and first president of the Bankruptcy Section of the State Bar of Nevada.
Speaker bio
Brooke A. Holmes
is an attorney with Brownstein Hyatt Farber Schreck in Las Vegas, Nevada. Her practice includes representing clients through various stages of a real estate transaction. This includes acquisition, disposition, diligence, ground-up development, redevelopment, leasing, land use and entitlements for commercial, industrial, office, mixed-use and hospitality real estate projects. Ms. Holmes has served as counsel to various prominent developers, owners, investors, landlords, tenants and institutional clients - including some of Nevada's most distinguished companies - in high-profile transactions around the Las Vegas valley. Recognized by her peers as one of Las Vegas' top lawyers in the real estate industry, she brings extensive expertise and experience in commercial real estate, zoning and land use matters. Ms. Holmes earned her J.D. degree at UNLV William S. Boyd School of Law and is admitted to practice in Nevada.
Speaker bio
Michael S. Alires
is an attorney with Brownstein Hyatt Farber Schreck in Las Vegas, Nevada. He assists clients in real estate matters, working with real estate developers in acquiring property for development, establishing homeowner associations, and reciprocal agreements for new and existing residential and commercial projects. Mr. Alires has significant experience in counseling homebuilder clients with common-interest community compliance under NRS Chapter 116. He helps navigate commercial lease review, real estate acquisitions and dispositions, and other real estate negotiations. Mr. Alires' experience covers the life span of development projects - from the drafting of purchase agreements, review of title and the formation of community associations to preparation of easements, and other land-based documents. He earned his J.D. degree from University of Nevada, Las Vegas William S. Boyd School of Law. Mr. Alires is admitted to practice in Nevada, Colorado and Arizona.
Speaker bio
Michael E. Buckley
is a director at Fennemore in Las Vegas, where his practice involves commercial real estate transactions, with an emphasis on lending (lenders and borrowers), acquisitions and dispositions, and master-planned communities. Mr. Buckley chairs the Real Property Section of the State Bar of Nevada, and is an author and lead editor of the Nevada Real Property Practice and Procedure Manual published in 2021 by the State Bar of Nevada. He is a member of the American College of Real Estate Lawyers, American College of Mortgage Attorneys, and American College of Commercial Finance Lawyers. Mr. Buckley is admitted to practice in California and Nevada.
Speaker bio
Michael R. Mushkin
is an attorney with Mushkin & Coppedge, where he practices in the areas of real estate law, transactions, negotiation, contracts, construction law, construction defect, civil litigation, corporate and business law, bankruptcy, federal income tax issues, and divorce. He earned his B.A. degree from Kelley School of Business at Indiana University and his J.D. degree from Georgetown University Law Center. Mr. Mushkin is a member of the State Bar of Nevada; Clark County Bar Association; Nevada Trial Lawyers Association; American Bar Association; participant in the Nevada Law Foundation; and a life member, Indiana University Alumni Association. He is admitted to practice in Nevada, U.S. Tax Court, U.S. District Court, Nevada, and U.S. Court of Appeals for the Ninth Circuit.
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