From Handshake to Closing: The Role of the Commercial Real Estate Lawyer

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American Bar Association, 2010 - Law - 134 pages
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A veteran real estate lawyer explains a commercial real estate deal, offering practical suggestions on how to handle each stage of the process and avoid the pitfalls that can kill it. The author explains the lawyer's role in documenting, reviewing, and negotiating the real estate transaction, from the beginning through post-closing issues, and includes valuable sample language, real-world examples, and tips and techniques for how reach the heartfelt handshake that closes the deal.
 

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Contents

Enter the Broker
1
PreDocumentation Documents
7
Loan Commitments
11
Documenting the Transaction
15
Anxiety about Drafting
17
Forms
18
Different Approaches to Drafting
22
Drafting for Clarity Drafting for Readability
23
Conduit Mortgages
76
Conclusion
77
Negotiating
79
Preparation
85
The Negotiation
90
A Scenario
93
A Lease Issue Insurance
96
A Contentious Contract Issue Warranties
97

The Case of the Proliferating Adjectives
30
Dispute Resolution
31
Vagueness
32
How Courts Decide Cases with Vague Language
35
Some Substantive Provisions
37
Boilerplate
47
A Final Word about Drafting
48
Reviewing and Analyzing Documents
49
Examples
51
Matters Not Covered in the Document under Review
67
External Factors
68
Now What? What Else?
70
Subleases
71
Ground Leases
75
Generalizing from the Particular
100
Mistakes
102
Conclusion
103
Finishing Up
105
What Else?
109
Title Survey and Searches
112
Other Due Diligence Issues
117
Preparing for Closing
119
Closing
123
Conclusion
125
Bibliography
127
Index
129
About the Author
133
Copyright

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