Detecting Legal Issues in Appraisal Reports, Commercial Leases, Environmental Assessments
Analyzing Due Diligence in Commercial Property Sales

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Real Property - Transactions
- event Date
Wednesday, March 8, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide real estate counsel with guidance on analyzing due diligence documentation and best practices for spotting the issues that may delay a closing. The panel will discuss appraisal reports, addressing property condition and capital needs assessments, environmental site assessments, and commercial leases.
Faculty

Ms. Spendlove is on the Board of Directors of Dentons Durham Jones Pinegar and practices in the Real Estate Section, the Business & Finance Section, and the Intellectual Property Section. She represents buyers and sellers in purchasing, selling, leasing, and developing commercial real estate; advises startups and established entities in creating, buying, selling, merging, and maintaining partnerships, limited liability companies, and corporations, as well as entering into a wide range of business contracts. She also handles intellectual property issues such as trademarks and copyrights.

Mr. Welch handles real estate transactions for high-profile individuals and businesses in the entertainment, advertising, restaurant, personal care, and professional services industries. He regularly advises on purchases, sales, leases and financings of a wide range of commercial properties -- including retail stores, restaurants, music studios, art galleries, advertising agencies, gyms, professional offices, schools and other public spaces across the country. He guides clients at every stage of their real estate journey – from opening their places of business, to buying and selling land and buildings, to purchasing investment properties and personal residences. In addition to his real estate transactions practice, Mr. Welch works with the the firm’s Litigation Group to resolve real estate-related disputes, and with the Restaurants Group to provide legal advice to restaurateurs and their business partners. Mr. Welch serves as Chair of the New York City Bar Association’s Hospitality Law Committee. He has presented on real estate issues for the New York City Bar Association and other organizations.
Description
The red flags during due diligence in a commercial real estate closing can delay or cancel a deal. Counsel must prepare to address the issues and draft the curative documents necessary to move toward closing.
Counsel must evaluate several different due diligence documentation. From appraisal reports to environmental site assessments to capital needs, counsel must be aware of the issues that may create delays or drive potential buyers away.
In commercial sales transactions, counsel should also review all leases to confirm terms and expense allocations are consistent with the seller's rent roll and operating statements disclosures, as well as acquire tenant estoppels and SNDAs from the current tenants.
Listen as our authoritative panel discusses leasing due diligence best practices about property economics and legal concerns and provides an overview of the most common issues that arise in various due diligence documentation and how to best cure those issues.
Outline
- Pre-closing commercial real estate due diligence
- Appraisal reports
- Common issues
- Best means to cure
- Property inspection
- Common issues
- Best means to cure
- Capital needs assessments
- Common issues
- Best means to cure
- Environmental site assessments
- Common issues
- Best means to cure
- Commercial leases
- Common issues
- Best means to cure
- Appraisal reports
Benefits
The panel will address these and other relevant issues:
- What are common problems that delay closings in appraisal reports? In capital needs assessments? How best can counsel cure these issues?
- What issues in environmental reports, such as a Phase I, will trigger the need to include an environmental attorney?
- When reviewing commercial leases before a sale, what provisions create the most issues that delay closing?
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