Professional Liability and Property Transactions
Professional Liability and Property Transactions

Author: Sharon Christensen

Publisher: Federation Press

Published: 2004

Total Pages: 518

ISBN-13: 9781862875111

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This book examines in detail the principles underpinning professional liability both at common law (tort and contract) and by reason of statute (Trade Practices Act and Fair Trading Acts) in the context of property professionals. It includes comprehensive coverage of the Civil Liability Acts. The early chapters deal with the sources of professional liability. They include an analysis of remedies for breach of professional obligations generally and of procedural issues, such as limitation of actions, expert evidence, apportionment and contributory negligence in the setting of professional liability. The heart of the book is original and accessible material on the measure of damages as it relates to the liability of the various professionals who become involved in property transactions. There are further chapters on the liability of lenders and local authorities as organisations commonly involved. It is an essential reference for any barrister, solicitor or other professional directly or indirectly involved in litigation in this area, as well as property lawyers. With a Foreword by The Hon Justice Ian Callinan. For more detailed information about the book's purpose and structure, please read the extract from the Preface, below.

Commercial Real Estate Transactions Handbook
Commercial Real Estate Transactions Handbook

Author: Mark A. Senn

Publisher: Wolters Kluwer

Published: 2009-01-01

Total Pages: 2520

ISBN-13: 0735580782

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With the number and complexity of commercial real estate transactions reaching unprecedented levels, professionals in this high-stakes industry face a daunting task: keeping up with the constant legal and regulatory changes that can impact every phase of a deal. Commercial Real Estate Transactions Handbook, Fourth Edition will help you plan, negotiate and close deals using the insights and strategies of nationally recognized real estate attorney Mark Senn and over 20 experts in the field. Collectively, the editor and contributors have handled virtually every possible variation of commercial real estate transactions. Their clear, concise discussions will guide you step-by-step through each phase: Land and space acquisition Creating the owning entity, design and construction, due diligence, interim and term financing, and occupancy leases The ultimate sale or disposition of the project In addition, Commercial Real Estate Transactions Handbook is logically organized by topic, so you always find the information you need quickly and easily. Each chapter covers one broad topic area. Major subjects are then distilled into highly informative sections that focus on specific practice-oriented suggestions from the unique perspective of the and“less experiencedand” or and“disadvantagedand” party.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Real Estate Due Diligence
Real Estate Due Diligence

Author: Mary Ann Hallenborg

Publisher: Routledge

Published: 2015-12-22

Total Pages: 367

ISBN-13: 1317934903

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Real Estate Due Diligence is the first textbook on due diligence, the cornerstone of every successful real estate deal. Due diligence is designed to uncover potential risks posed by a real estate acquisition, financing, or development project and failure to carry it out successfully can result in costly oversights and diminished investment returns. This book demonstrates how to assess and manage legal risks on properties such as office buildings, shopping centres, industrial buildings, apartments, and hotels—before the transaction closes. Real estate students and practitioners are taken through all of the essential due diligence areas, including: Titles and ownership issues Zoning and land use Liens and mortgages Condition assessments Environmental and operational concerns And lease analysis Throughout the book, major laws and court cases are used to illustrate due diligence issues and provide rich opportunities for classroom study and discussion. Practice points and comprehensive due diligence checklists help readers to go on to put their learning in practice. This book fills a gap in the real estate literature and is perfect for use as a college textbook, a practitioner’s guide, or for industry training.

Modern Real Estate Finance and Land Transfer
Modern Real Estate Finance and Land Transfer

Author: Steven W. Bender

Publisher: Aspen Publishing

Published: 2018-11-06

Total Pages: 1340

ISBN-13: 1543805426

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Modern Real Estate Finance and Land Transfer—sophisticated, yet teachable—explains the increasingly complex legal, business, and tax issues surrounding real estate transactions with discussion relevant to both commercial and residential situations. Through a transactional and interdisciplinary approach, students learn the general rules of law, their underlying rationale or policy, and how (or whether) a rule can be superseded by the mutual consent. Real-world examples help foster practical skills required of attorneys in real estate firms, and the text is appropriate for both a basic Real Estate Transactions or Finance course and also advanced seminars. Topical and chronological organization features coverage of both Real Estate Sales and Real Estate Finance and follows the lending cycle in modern financing. Questions and planning problems help students examine issues in the context of relevant transactions and documents for sale, finance, leasing, and development transactions. The authors are scholar-practitioners who skillfully mix practical skills and theory students will need in today’s competitive legal markets. Key Features: sophisticated, yet teachable—thoroughly explains complex legal, business, and tax issues in real estate transactions transactional, interdisciplinary approach teaches the general rules of law shows underlying rationale or policy explores how (or whether) a rule can be superseded by mutual consent real-world examples and accessible explanations topical and chronological organization coverage of both Real Estate Sales and Real Estate Finance follows lending cycle in modern real estate financing appropriate for both basic Real Estate Transactions or Finance course and advanced seminars relevant questions and planning problems written by scholar-practitioners who blend practical skills with theory suited to both commercial and residential real estate transactions Thoroughly updated, the revised Sixth Edition presents changes in the law since 2013, including: case law responses to the recent mortgage crisis in residential real estate including lender refusals to fund committed construction loans new case law involving nonrecourse carve-outs a new section and cases on recourse against and protection of the guarantor, and ethical issues in guarantor representation new developments in bankruptcy law involving real estate transactions