Construction Contract Accounting

When buying a commercial real estate property, the brokerage agreement is between the buyer or seller and the broker. The broker is an agent of the buyer or seller and, as an agent, has fiduciary duties to the client. Sometimes the broker could act as a dual agent, which creates potential conflicts of interest. Real estate counsel can serve to ensure the broker will represent a client's interest in a transaction by crafting a detailed agreement that meets those needs. Most states recognize that real estate brokers occupy a position of trust through a fiduciary relationship with the parties they represent. A fiduciary relationship brings with it requirements of fidelity and good faith. These issues are often raised in claims that an agent has acted as a real estate broker and a buyer (or seller) of a property. It is a potentially dangerous position for an agent to occupy. The benefit of the brokerage agreement is clear communication between the buyer (or seller) and the broker. It is an excellent opportunity to discuss who will perform what tasks. At a minimum, the best agreements shall establish: (1) the timing for completing tasks, (2) when and how the broker is paid, (3) how to handle broker expenses, and (4) when the broker's representation ends. The broker agreement should limit liability and include indemnification language that protects the broker from the client's acts and ensures that clients are not held responsible for the broker's act. Because this is an agency relationship, the client must communicate to the broker what representations or statements the broker can make on behalf of the buyer or seller. If a dual agent situation cannot be avoided, the issues of potential conflicts of interest should be addressed in the agreement. Listen as our expert panel discusses what constitutes an enforceable broker agreement, clarifies provisions to establish clear fiduciary duties, and outlines how to avoid conflicts of interest while limiting potential liability for the acts of others.

Join your peers across the commercial real estate ecosystem for an in-depth presentation on Real Estate Tokenization, and how it is transforming access to capital and liquidity. This webinar is ideal for real estate developers, investors, asset managers, REITs, family offices, and holders of real estate loan portfolios who are seeking to gain access to more sources of capital and higher liquidity.

Comprehensive plans along with zoning and development regulations form the bases for land use decisions. Before there can be thoughtful land use decisions there has to be a plan. The implementation of the plan has a direct bearing on the development regulations and the land use decisions in a community. This information will cover the different levels of comprehensive planning, the topics covered in comprehensive plans and most important their implementation and impact on land use decisions. Gain an appreciation for the importance of comprehensive plans as both guides and directives to land use, the relationships among master plans, zoning and development, and why a successful land use practice needs to begin with an understanding of the relevant comprehensive plan or plans.

The Advanced Real Estate Finance course will provide the intermediate to senior level real estate professional with techniques used to analyze, finance and structure real estate transactions. It was designed to provide a decision-making framework that offers attendees an intuitive understanding of real estate finance and investment and provides the ability to analyze a broad range of real estate problems and decisions.