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Product ID: 386478EAU
 
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Due Diligence in Public Real Estate Transactions

OnDemand Webinar (80 minutes)

This OnDemand Webinar will provide comprehensive and useful information on why public entities buy and sell real estate. Questions will be answered, such as what types of due diligence purchasers of real estate should be completing, how that due diligence varies depending on the type of transaction, issues of which buyers and sellers of real estate should be aware when they are purchasing property from or selling property to a public entity and due diligence issues that public bodies should consider when acquiring or disposing of real estate. Whether you are an attorney, asset manager, broker, or business person, you will gain a firm and broad understanding as to what due diligence topics are important to those public bodies that you represent, to or from whom you hope to sell or purchase real estate, and to whom you hope engage you to help them acquire or dispose of real estate.

Authors

Elizabeth A. Berlinsky, Holland & Knight LLP
Peter M. Friedman, Holland & Knight LLP

Agenda

Public Entities as Buyers and Sellers of Real Estate

  • Common Examples of When Public Bodies Sell Real Estate
  • Common Examples of When Public Bodies Buy Real Estate
  • Special Public Entity Procedures to Buy and Sell Real Estate
  • Consider Why Real Estate Is Being Acquired When Undertaking Due Diligence Investigation

General Introduction Regarding Due Diligence

  • What Is Due Diligence and Why Is It Important?
  • When Due Diligence Commences
  • Most Common Types of Due Diligence

Further Examination/Detailed Breakdown of Common Types of Due Diligence

  • Physical Examination of Real Estate
  • Environmental Assessments
  • Tenant and Lease Analysis (If Applicable)
  • Economics of Real Estate
  • Legal Review (i.e. Title, Survey and Zoning)
  • Ancillary Contracts
  • Miscellaneous

Due Diligence Issues When Public Entity Is Seller

  • Increased Importance of Due Diligence in 'As Is' Sale
  • Ability of Buyer to Acquire Due Diligence Documents Under FOIA
  • Limitation on Representations and Warranties in Purchase Agreement
  • Challenges in Trying to Renegotiate Purchase Agreement After It Is Executed to Address Matters Uncovered During Due Diligence
  • Benefits Associated With Possible Transfer Tax and Real Property Tax Exemptions

Due Diligence Issues When Public Entity Is Buyer

  • Payment/Confidentiality Issues
  • Environmental Issues
  • Zoning/Land Use Issues/Conflicts of Interest
  • Requirement That Certain Contracts Be Competitively Bid