Inbound Marketing for Real Estate

Building affordable housing is not particularly affordable. Costs of construction usually far exceed the revenues generated by rents. Without utilizing highly complex financing tools, often from multiple sources, for developing, preserving, and operating affordable apartments, building affordable housing is often impossible. This topic will help you understand how to effectively utilize available financing tools to develop quality housing for low-income residents. The material also explains the myriad of financing tools available for affordable housing and the complex application procedures for these funding sources. This information is essential for anyone involved in the development or operation of affordable housing and will enhance one's understanding of affordable housing financing tools and the benefits and challenges of each.

PEIs, together with mortgage loans and mezzanine loans, are often a critical part of the capital structure used by sponsors to fund real estate ventures. The terms of PEIs can vary considerably. On one end of the spectrum are PEIs that are economically and functionally equivalent to a mezzanine loan, though structured as equity and not debt. On the other end of the spectrum are PEIs that are pari passu with the sponsor's equity. In any context, a PEI's equity is subordinate to all of the real estate venture's debts. PEIs typically earn a higher rate of return on the investment than debt financing. They may earn a share of cash flow beyond a stated rate of return and any capital appreciation. The preferred equity investor generally has consent over "major decisions" (the list of which can range from a small handful of items to an extensive list), may have buy-sell rights, forced sale rights or put rights, and typically have removal rights (the right to remove the managing member or general partner of the real estate venture and replace it with the PEI or its designee). Removal rights can run the gamut from being limited to bad acts or being performance-based. To achieve all the benefits of PEIs and mitigate the risks, counsel to investors and the recipient entity must negotiate and structure key terms that address matters such as exit strategy, remedies in the event of the entity's default, issues surrounding a change in control, and the impact of an entity bankruptcy. Also, counsel must anticipate and address tax implications for the entity and the investor in the PEI agreement. Listen as our authoritative panel prepares counsel to real estate lenders, investors, and borrowers to structure, enforce, or challenge PEI agreements in the current real estate market. The panel will compare and contrast PEIs vs. mezzanine financing. The panel will also outline the key points of negotiation and agreement provisions for the equity investor and the real estate developer, including remedies for default, change in control, exit strategy, the impact of bankruptcy, and tax implications.

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.

This topic will explain how to preempt various issues during the negotiation and drafting phases, with an eye toward securing an optimal contract for one's client. It will also address the types of issues that surface as the transaction unfolds, whether during the due diligence phase or even at settlement, offering practical solutions and practice tips. Finally, it will cover litigation topics and cost-benefit strategies to assist you with delivering the most value-added legal services to your clients.