Buying & Selling Commercial Real Estate, Part 2 - 2019

Originally presented on June 26, 2019

Commercial real estate is in generally robust, with office and industrial space strong and only retail space lagging because of the continuing transition from bricks-and-mortar store fronts to digital commerce.  Negotiating and drafting the sale or exchange of commercial real estate is a complex set of tasks.  Reps and warranties have become more extensive and exacting in detail. Financing contingencies have become lengthy and surpassingly complex because of tighter underwriting standards.  Due diligence has become lengthier, more invasive and costlier – or barely permitted at all, in particularly “hot” markets.  This program will discuss the major components of commercial real estate buy/sell agreements and negotiating other operative documents.  

• Unique challenges of planning for liquidity with illiquid assets
• Valuation discount issues and planning in a rising but volatile market
• Value freezing techniques using LLCs
• Grantor Retained Annuity Trust (GRAT), sales to defective grantor trusts, and sales of self-cancelling installment notes
• Charitable giving techniques for real estate

Speakers: John S. Hollyfield, Norton Rose Fulbright, LLP, Houston, TX and Richard R. Goldberg, Ballard Spahr, LLP, Philadelphia, PA

NOTE: This program was originally produced as a telephone seminar and is available on demand in streaming audio. This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for ethics, elimination of bias or Kansas credit.