UNDERSTANDING COMMERCIAL REAL ESTATE REMEDIES – FROM BOTH SIDES
Live In-Person Seminar
ITEM #:  1037242201   |   EVENT CODE:  383577    |   CREDIT STATUS:  APPROVED
MEMBER PRICE
$225.00
STANDARD PRICE
$275.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live webcast at no charge.

Wednesday, July 21, 2021

8:55 AM - 4:25 PM   |   Check-In:  8:25 AM

LIVE ONLINE ONLY – NO IN-PERSON ATTENDANCE
In-Person Passholders – You may use your Pass to register for the live webcast at no charge.

Understanding Commercial Real Estate Remedies – From Both Sides

Learn time-tested strategies and explore the latest techniques for pursuing remedies in commercial real estate transactions

The COVID-19 global pandemic has created challenging times for everyone. Parties on both sides of real estate transactions are concerned with how this crisis will affect their ability to close purchase and sale deals and for lease transactions, how they are going to negotiate or re-negotiate leases to meet changing business and space needs. This course will explore the challenges currently facing the commercial real estate market from both sides. Learn time-tested strategies and explore the latest techniques for pursuing remedies in commercial real estate transactions.

Our expert faculty will explain:

  • Options and Opportunities When One Party Breaches a Purchase Agreement
  • A Guide to Foreclosures by Action and Advertisement
  • The Ins and Outs of Mechanics’ Liens
  • 7 Things Every Real Estate Attorney Needs to Know about Leases and Bankruptcy
  • 5 Unique Issues Arising from the Pandemic – Including Force Majeure and Forbearance Agreements
  • And much more!

8:25 – 8:55 a.m.
JOIN ONLINE


8:55 – 9:00 a.m.
Welcome & Introduction
– Steven W. Meyer, Course Chair


9:00 – 10:15 a.m.
Purchase Agreement Defaults: Rights, Remedies and Creative Solutions
In this session, real estate attorneys Tammera Diehm and Katherine Johnson will provide an overview of options and opportunities for both buyers and sellers when one party breaches a purchase agreement. Topics will include types of breach, the Minnesota statutory cancellation process, specific performance and various ways for both buyers and sellers to think about, and calculate, damages. Finally, this session will explore creative options for finding a win-win solution when a purchase agreement looks like it’s about to fall apart.
– Tammera R. Diehm & Katherine A. Johnson


10:15 – 10:20 a.m.
BREAK


10:20 – 11:05 a.m.
The Tenant Isn’t Paying – Unlawful Detainer and Collection Practice
In challenging economic times, it becomes even more imperative for landlords to perform thorough due diligence on current and prospective tenants. Learn the remedies available to landlords for non-payment by the tenant, and the steps involved in pursuing action. Also, learn helpful tips and best practices for pursuing a collection or unlawful detainer action.
– Jeffrey J. Maleska


11:05 – 11:15 a.m.
BREAK


11:15 – 11:45 a.m.
Remedies for Landlords and Tenants for Non-Monetary Breach of Lease Obligations
When representing commercial landlords and tenants, a real estate lawyer needs to draft remedy provisions in the event the landlord or the tenant fails to perform its non-monetary obligations under the lease. This session will examine the remedies available to both commercial landlords and tenants in Minnesota and will provide sample provisions that are commonly used to protect landlords and tenants in the event of a non-monetary breach of the lease.
– Tammy J. Schemmel


11:45 a.m. – 12:15 p.m.
LUNCH BREAK


12:15 – 1:15 p.m.
Commercial Real Estate Remedies – A How-To Guide for Foreclosures Without Falling Prey to Common Missteps
This session will provide an overview of remedies available when a mortgage is in default, including foreclosure by advertisement and foreclosure by action with an emphasis on practical tips that will help avoid problems, delays or worse.
– Steven W. Meyer


1:15 – 1:20 p.m.
BREAK


1:20 – 2:05 p.m.
Mechanics’ Lien Remedies on Construction Projects – Be Aware of Deadlines and Rights
Mechanics’ liens are a unique statutory remedy that can help contractors, subcontractors and suppliers recover unpaid monies on construction projects. The statutory elements, however, require special care and attention to detail. If a party fails to meet even the slightest of requirements, its lien rights can be jeopardized. Learn the ins and outs of mechanics’ lien law and best practices for avoiding common mistakes.
– Thomas J. Radio


2:05 – 2:15 p.m.
BREAK


2:15 – 2:45 p.m.
Remedies for Breaches under Easements, Restrictions and Real Covenants
Easements, covenants, conditions, and restrictions are privately created rules between parties regarding the use and improvement of real property. These limitations on the use of real property are evidenced by an agreement to do or refrain from doing a particular act. These agreements can be either personal, restricting only the party who signs the agreement, or they “run with the land,” passing the burden along to subsequent property owners. Since the law favors free use and alienation of property, any type of limitation or condition must be clearly made known to be valid. The type of limitation created dictates the types of remedies available for breach. This session will explore the remedies available for the most common types of breach under these agreements.
– Robert J. Olson


2:45 – 2:50 p.m.
BREAK


2:50 – 3:35 p.m.
7 Things Every Real Estate Attorney Needs to Know about Leases and Bankruptcy Right Now
Learn about what happens to commercial leases in bankruptcy: how and when you’ll get paid, when a landlord can re-take possession, what to do if a debtor wants to keep or reject your lease – or assign it to a third party, how to calculate a landlord’s proof of claim, and some of the key preference defenses for landlords. We will also discuss current events and real cases, including the impact of the pandemic on landlords in bankruptcy.
– Benjamin J. Court, Karl J. Johnson & Kesha L. Tanabe


3:35 – 3:40 p.m.
BREAK


3:40 – 4:25 p.m.
5 Unique Issues Arising from the Pandemic – Including Force Majeure and Forbearance Agreements
As the world continues to adapt to the everchanging landscape of the COVID-19 pandemic, commercial real property owners and operators are being forced to seek novel solutions to adjust to this new reality. Like so many legal and business issues, the potential solutions are not one-size-fits-all. Rather, the details and circumstances of each lease or deal must be carefully considered by the parties. Explore approaches available to tenants, landlords and lenders under various circumstances, and consider how the tools crafted to weather the pandemic may provide certain protections from the next crisis to hit the real estate market (gulp!).
– Steven R. Katz

LIVE WEBCAST
Wednesday, July 21, 2021
Attend online

REPLAYS
There are no replays.

$225 MSBA members / $225 paralegals / $275 standard rate

Other discounts that may apply:

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 5.75 standard CLE credits. The maximum number of total credits attendees may claim for this program is 5.75 credits.

Minnesota CLE also has applied to the Minnesota State Bar Association for 5.75 advanced real estate specialist credits.

MEMBER PRICE
$225.00
STANDARD PRICE
$275.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live webcast at no charge.

ADDITIONAL RECOMMENDATIONS FOR YOU (10 items):