How Technology is Disrupting the Real Estate Industry

Software is eating the world, and the Real Estate industry is no exception. Tech is shaping each and every aspect of Real Estate from how brokers communicate with their prospects and clients, to how data is being leveraged to optimize the tenant experience. Join us to learn the biggest tech trends that are shaping Real Estate, and how your business can leverage these tactics to stay ahead of the curve.
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Spotlight

OTHER ON-DEMAND WEBINARS

How to Build Your Property’s Digital Curb Appeal

Binary Fountain and MHN

Multifamily properties sometimes receive online ratings that don’t reflect their owners’ commitment to a positive resident experience. Can perceptions formed by negative reviews be successfully countered? View to learn how Gene B. Glick developed a successful marketing strategy to restore its properties’ “digital curb appeal.”
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Q4 2022 Housing Forecast Webinar Replay

Get the latest housing market forecast information in Zonda’s Q4 Housing Forecast webinar replay. Tune in below to hear a national economic and housing update from Ali Wolf, chief economist. Then take a deep dive into Atlanta’s housing market with Andrew Wilson, principal of advisory. Lastly, take a tour of Nashville, Raleigh, and Charlotte’s housing market stats with Shaun McCutcheon, vice president of advisory. Watch the recording now to learn about regional differences in the housing market and discover new and existing home pricing trends.
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Hotel Acquisition Due Diligence: Seller's Representations and Warranties, Indemnification, Timing

When purchasing a hotel, counsel must advise clients that the due diligence must include analysis of the physical assets associated with the property (i.e., the hotel structures, parking, systems, equipment, and inventories), as well as the operating business conducted at the hotel facility and the relevant markets and environment. When developing a proposed acquisition price, the buyer must make assumptions about future market conditions and the hotel's performance within that market. A discounted cash flow on stabilized operating projections will reflect these assumptions. Thus, a preliminary business plan must reflect assumptions as to physical facilities and condition, management, affiliation, and other factors to assess the potential acquisition realistically. In today's market, the time allotted for due diligence, deposits going non-refundable, and closing has been significantly compressed. All sophisticated buyers know they must act quickly. Counsel should assist in coordinating the due diligence team and start the process as soon as possible. Counsel should also coordinate with clients to prioritize and push critical areas of due diligence to identify and evaluate potential deal-breakers early. Many buyers do not focus enough on seller representations and warranties--even with significant disclaimers in the purchase agreement. Diligent preparation can flush out critical physical and operational hotel issues that only a seller or its management company would understand. Even if the seller is unwilling to make a specific representation and warranty on a particular condition, focusing on the issue upfront will help frame the buyer's post-signing due diligence. Likewise, indemnification clauses are not a haven for buyers. The language is typically inadequate to protect a buyer from additional costs avoidable with proper due diligence. Indemnification generally applies only for breaches of representations and warranties, and if the seller limits or qualifies its representations and warranties, the indemnification provision may not be triggered. Listen as our authoritative panel discusses the legal concerns in hotel acquisition and due diligence, conducting a proper investigation, and evaluating the data to provide the buyer with more alternatives, lower costs, and negotiating power to deal with the issues.
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Commercial Mortgage Modifications: Lien Priority, Title Insurance, and Bankruptcy Issues

Mortgage modifications allow borrowers and lenders to extend loan maturity, prevent defaults and foreclosure, and otherwise restructure loan terms. They provide an opportunity for lenders to "clean up" documentation ambiguities and potentially contentious issues, as well as obtain waivers and releases as part of the consideration for granting the term changes. Modifications that significantly revise the loan terms increase the risk that subordinate lenders and bankruptcy trustees may challenge the priority of liens encumbering the mortgaged property. This is particularly true when a modification relates to an incomplete construction project that is being restarted. Title insurance policies have discontinued creditors' rights coverage and do not protect against a loss of lien position. They have also significantly reduced or altered the scope of mechanics' lien coverage. Counsel involved with loan modifications must know how to obtain the optimal title insurance coverage. Listen as our authoritative panel of attorneys discusses current trends in commercial mortgage modifications and strategies for lenders' and borrowers' counsel to ensure that changes protect their clients' interests against potential lien issues, title pitfalls, and bankruptcy concerns.
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