A Practical Guide to Commercial Real Estate Transactions: From Contract to Closing, Third Edition

by Gregory M. Stein, Morton P. Fisher

Overview

For proven guidance and techniques for handling a commercial real estate deal, turn to the revised and expanded edition of A Practical Guide to Commercial Real Estate Transactions. Organized to help you negotiate and close the deal, this readable guide follows the steps of a transaction in the order in which they generally arise and offers pertinent advice, practice comments, and sample forms.

Because much of the real estate lawyer's practice revolves around transactional documents, the book emphasizes the drafting, negotiation, and revision needed to get a deal closed. Written by a law professor and two real estate practitioners, this book offers a useful combination of text overview and practice pointers. It helps lawyers with less experience navigate through the maze of steps involved in a real estate transaction. At the same time, it serves as a valuable reference for more seasoned attorneys as well as those whose practice is concentrated in other areas of the law. Downloadable forms and appendices are available online.

Product Details

ISBN-13:	9781634254878
Publisher:	American Bar Association
Publication date:	08/07/2019
Sold by:	Barnes & Noble
Format:	eBook
Pages:	638
Sales rank:	564,122
File size:	8 MB

About the Author

Gregory M. Stein is the Woolf, McClane, Bright, Allen & Carpenter Distinguished Professor of Law at the University of Tennessee College of Law in Knoxville, Tennesee, where he teaches property, real estate finance, real estate development, and land use courses.

Morton P. Fisher, Jr., is a retired partner in the Baltimore office of Ballard Spahr Andrews & Ingersoll, LLP. He has a long career of handling real estate transactions, representing developers, lending institutions, tenants, and other parties.

Michael D. Goodwin is a partner in Arnold & Porter LLP's Washington, DC, office. His commercial real estate practice focuses on development, public/private partnerships, debt and equity financing, ground leases, and hospitality.

Table of Contents

Part I: Introduction Chapter 1: Introduction

Part II: Purchase and Sale Transactions 9Chapter 2: The Purchase and Sale AgreementChapter 3: Due Diligence
Part III: Loan TransactionsChapter 4: The Loan CommitmentChapter 5: Post-Loan Commitment Due DiligenceChapter 6: Loan Documents

Part IV: The Closing Chapter 7: Preparing for the ClosingChapter 8: Running the ClosingChapter 9: Post-Closing Matters

AppendicesAppendix A: Form of Letter of Intent Appendix B: Form of Purchase and Sale AgreementAppendix C: Form of Due Diligence and Closing ChecklistAppendix D: Checklist of Title EndorsementsAppendix E: Lease Review Summary FormAppendix F: Form of Subordination, Nondisturbance, and Attornment AgreementAppendix G: Form of Loan Agreement Appendix H: Form of Promissory NoteAppendix I: Form of Mortgage and Security AgreementAppendix J: Form of Assignment of Leases and RentsAppendix K: Form of Environmental Indemnity AgreementAppendix L Form of Nonrecourse Carveout GuaranteeAppendix M Form of Certificate of Secretary, with Attached ResolutionsAppendix N Form of Post-Closing Agreement Appendix O Form of Closing Instruction Letter

Editorial Reviews

"Rare is the guide that can appeal to all experience levels of practitioners. New as well as seasoned commercial real estate lawyers will benefit immeasurably from this superb guide written by three of the most respected real estate lawyers in the United States. A Practical Guide to Commercial Real Estate Transactions, Third Edition, provides readers with a comprehensive, yet practical, journey through the life cycle of a real estate transaction. Starting with a purchase and sale agreement and moving to the due diligence and financing stages, the authors identify the issues and approaches that practitioners may want to consider in shaping their own real estate transaction. This is a guide that I will keep close at hand."

Kevin L. Shepherd

"A Practical Guide to Commercial Real Estate Transactions succeeds in its goal: helping the transactional lawyer close the deal. It is a superb blend of standard detail and suggestions for individual tailoring. The 'Caution' and 'Comment' sections interspersed throughout the book are particularly insightful."

Peter W. Salsich