Real Estate Continuing Legal Education (RECL2-CS)

Gain a comprehensive understanding of real estate finance from three distinct vantage points–conventional mortgage lending, securitized lending, and remedies on default. Topics include loan documentation, due diligence, construction lending, commercial mortgage-backed securities (CMBS) structures, participations, intercreditor relationships and disputes, mezzanine and preferred equity financing, workouts, bankruptcy, foreclosures, receivership, and lender liability.

Engage in a detailed analysis of office, industrial, and retail leasing. Topics include term sheet negotiations, brokerage issues, landlord work letters, escalation clauses, delivery of possession, tenant options, default provisions, lease cancellation, assignment and subletting, security deposits, guarantees, landlord services, repairs and alterations, insurance and liability, lease restructuring, and takeover leases. One session is devoted to "green" leasing and related sustainability issues.

Examine contractual, liability, and dispute resolution issues as they pertain to real estate design and construction. Topics include an overview of the participants in the design and construction process; bidding and contract formation; negotiation of contracts (including a review of AIA forms of agreement); subcontracts; privity of contract; defaults and termination; changed conditions; changes and extra work; lien law; surety bonds; fraud; duress and mistake; delays; liability of the owner, architect, engineer, and contractor; and litigation and alternative dispute resolution.

Address in-depth the current topics in commercial and residential contracts, from due diligence to closing. Topics include term sheet negotiations, environmental considerations, representations and warranties, deposits, due diligence, closing deliverables, condominium offering plans, purchase agreements, cooperative corporation applications and review, role of the title company, title defects, liens, objections, and closing practices.

Combining three distinct presentations on real estate ventures, tax considerations, and ethics, this program provides tools for structuring development projects, maximizing tax benefits, and avoiding ethical conflicts. Topics include joint ventures, development, and operating agreements; tax laws pertaining to real estate ownership; tax planning techniques available for structuring, restructuring, and unwinding real estate transactions; legislation on carried interests; determining whom the attorney represents; disqualification for conflicts of interest; rules of professional conduct; the lawyer as intermediary; multiple representation; and litigation between parties.

The NYU Schack Institute of Real Estate is offering a new Continuing Legal Education (CLE) Master Class Series in Real Estate Law for fall 2011. Taught by attorneys from many of the city’s most prominent firms, the CLE Master Class Series is composed of five courses that enable students to gain in-depth knowledge of key areas of real estate law. All five courses are conveniently held in the NYU Midtown Center at 11 West 42nd Street, and meet for three sessions apiece. Among the many legal topics that will be covered are: real estate finance, commercial leasing, construction law, real estate contracts and title, joint ventures and conflicts of interest. Attorneys from Bingham McCutchen LLP; Holland & Knight LLP; Patterson Belknap Webb & Tyler LLP; Paul, Weiss, Rifkind, Wharton & Garrison LLP; Schulte Roth & Zabel LLP; Seyfarth Shaw LLP; Stroock & Stroock & Lavan LLP; and others will participate in the CLE Master Class Series. No refunds are available for this course.

Designed for attorneys, brokers, and salespersons, this continuing education module covers the laws and regulations that impact fiduciary relationships, principal and third-party obligations, commissions, disclosure, human rights, fair housing, land use, zoning, landmarks, floor area ratio (FAR), nonconforming use, grandfathering, eminent domain, highest and best use, fair market value, environmental issues, real estate taxes, rent regulation, and 421(a).