Investing in Real Estate through Equity Crowdfunding

Real estate lawyers use ROFOs, ROFRs, and purchase options in several contexts, including all types of commercial leases (office, retail, industrial, warehouse), ground leases, condominiums, and planned developments. Purchase rights can have a far-reaching impact on the grantor, holder, and subject property but are often an afterthought in the underlying transaction. They must be drafted with care, taking into account potential changes in parties and circumstances which may occur years later. We will discuss best practices for drafting purchase rights, including the following considerations. The agreement that includes a purchase right should state the conditions for exercising the right to purchase and include a "time is of the essence" clause. All notices and other documentation must be in writing, and the parties should be identifiable. The parties should specify whether the preemptive right is a one-time or continuing right, whether the agreement requires strict compliance in exercising the right, and whether it is assignable. The grantor should consider the burden on the title to the property. The grantor may have difficulty financing, selling, or leasing the property due to the purchase right. Lenders typically require subordination of an existing right before making a mortgage loan. Purchase rights should contain precise subordination language that addresses financing and foreclosure contingencies so that no further subordination is required. Listen as our authoritative panel discusses the nuances of ROFOs, ROFRs, and purchase options, as well as key provisions to include in each. The panel will also review the title ramifications of preemptive purchase rights and their impact on future financing and sales transactions.

Real estate equity investments and joint ventures have become an increasingly important part of the real estate investment arena, particularly hotel properties. Travel restrictions and health concerns had an extreme impact on hotel properties and operations, and occupancy remains low due to reduced travel. The joint venture model for hotel acquisitions offers many benefits, including increased access to capital. The joint venture agreement and other related documents are very complex and fiercely negotiated. Real estate and finance counsel must understand all the pertinent issues to successfully evaluate and mitigate risk and address economic issues when negotiating and structuring a joint venture agreement for hotel transactions. Listen as our authoritative panel of real estate practitioners and advisers reviews vital legal issues in joint ventures for hotel acquisitions and development, taking into account unique issues in this asset class. The panel will focus on preferred return/promoted interest, carried interest, cash flow splits, risk allocations, guarantees, unwind provisions, and other major decisions.

For successful property management you have to control tenant payments, due dates and receivables, lease agreement details and asset management. Automation of property related business processes allows you manage real estate items full-service and within single source.

This topic will prepare real estate attorneys to meet their ethical obligations in the modern world. What are the ethical boundaries for a real estate attorney in negotiating a transaction? What steps should be taken to safeguard our client's information in our ever more security and privacy conscious world? How can a real estate attorney effectively provide counsel to a budding marijuana industry client? We will explore these topics and dissect the effects of technology on our obligations to practice law ethically. After this information, attorneys should feel well equipped to continue ethically practicing where real estate and the law intersect.