Property and Liability Insurance in Commercial Leases: Key Provisions and Coverage Issues

Join us for this webinar on green building and sustainability hosted by Drexel University. It will feature highlights on urban green energy initiatives from two top practitioners: Jeffrey Beard, Associate Clinical Professor, Engineering Leadership and Society with Drexel University and former President/CEO of Design-Build Institute of America, along with Matt Stern, Senior Director, Commercial Programs with the Philadelphia Energy Authority.

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.

Be prepared for problems that may arise during the real estate transaction process.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.

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