5 Quick Ways to Generate New Real Estate Prospects

Commercial landlords still coping with past-due rents and soaring vacancies are aggressively seeking ways to protect their financial interests and minimize loss. Meanwhile, distressed tenants are turning to the Bankruptcy Code to safeguard their assets from creditors. The Bankruptcy Code offers protections to both commercial landlords and tenants but raises a number of complex legal issues. Commercial landlords must develop strategies to anticipate and protect against the fallout from tenant bankruptcy.

Counsel involved in the sale, purchase, or financing of commercial real estate must understand the critical role of title insurance in insuring against risks. Counsel can evaluate coverage and endorsements that provide the optimal protection for clients. Practitioners must understand the intricate details of title insurance policies and current coverage trends, including all recent ALTA endorsements, to effectively advise property owners, investors, lenders, and developers. And parties must address survey issues with the title company (and purchasers and lenders) and know which survey or other endorsements can resolve survey matters. Listen as our authoritative panel discusses current trends in title insurance coverage and strategies for negotiating coverage and endorsements that will help avoid coverage gaps.

The allocation of risk accomplished by indemnification agreements is often a hotly negotiated term of real estate contracts and leases and, when not negotiated, frequently are not in compliance with applicable state indemnification laws or do not reflect the basis axim that liability should follow control. Unbalanced indemnification provisions frequently arise from unbalanced negotiating positions. This panel will address the nuts and bolts of indemnification agreements and insurance contracts, analyzing how indemnification agreements require one party (the indemnitor), bear the risk of claims against the other party (the indemnitee) for loss and damages claimed by a third party. The role of insurance in providing a source of funds for indemnification obligations will be addressed. Indemnification and insurance provisions are standard requirements of PSAs, leases, and construction contracts. Standalone indemnity agreements are also frequently employed to balance the rights of a counterparty with its obligations. Informed counsel must recognize how to protect client interests by deftly structuring indemnification provisions, taking into account state law and respective risks and control in careful drafting. Listen as our authoritative panel discusses current trends and practical strategies in negotiating these provisions, as well as the advanced arguments made by the parties to these instruments.

Understand how to properly capture passive activity income in order to utilize available passive losses.Due to multiple new 2019 rules, this program will present topics that are essential for tax season. We saw the initial introduction of the TCJA mandated rules in the 2018 tax filing season including; Section 199A deductions, interest expense limitations, and limitations on the use of excess business losses. Losses will now require new ordering priorities and computations. The topic will present examples of the relationship between these various new rules. We will also discuss the computations essential for the calculations of net operating losses and how they are utilized after the TCJA. An additional highlight of the program will be a discussion of how to properly capture passive activity income in order to utilize available passive losses.