Disruption in Real Estate: WeWork and the growth of flex space providers

They discussed our recent reports on the fast growing flexible space segment in office real estate and our ratings on WeWork Co.
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Spotlight

OTHER ON-DEMAND WEBINARS

Real Estate Broker Agreements: Fiduciary Duties, Reps and Warranties, Indemnification, Conflicts of Interest

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.
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Uniform Residential Landlord Tenant Act

Lorman

Housing issues are one of the topics that concern a great number of people across the country, and one of most often talked about issues within state governments across the country. The Uniform Law Commission is an organization that provides states with non-partisan, well-drafted model legislation meant to bring clarity and stability to critical areas of state statutory law. URLTA focuses on the rights and duties of residential landlords and tenants. This material will discuss the National Conference of Commissioners on Uniform State Laws, the history of the Act, and recent changes to the Act, as well as cover what states have adopted the act.
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Customer Spotlight with McPherson Contractors

Procore

Find out directly from a Procore client how and why they chose Procore to run their projects. Darren Younker will talk about how McPherson Contractors went through the software-buying process; plus, he'll save time to answer any and all of your questions at the end.
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Title Insurance Coverage for Real Estate Counsel: ALTA Coverage and Endorsements for Owners and Lenders.

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.
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