Book Details

A Practical Guide to Real Estate Practice

By Joshua Stein

  • Hardcover
  • 320 pp.
  • ISBN: 0-8318-0818-7
  • Order Code BK12
  • $19.00

What makes a successful commercial real estate practitioner? Find out with:


This book is great reading for anyone who is ever involved in a real estate transaction.

-- Dwight Merriam, CRE, head of the national land use practice of Robinson & Cole LLP

[A] cohesive, practical guide and reference to commercial real estate transactions.

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Chapter 1 Laying the Foundation

Introduction • The Reality Connection • Closings • Simplicity Is Your Friend; Complexity Is Your Enemy • Do One Job at a Time • If a System Is in Place, Use It • You Are Not the Last Person Who Will Walk Down this Path • Watch the Money • Third Parties • Listen • Be a Motor • What’s Missing? • Practice Checklist

Chapter 2 How To Prevent Mistakes

Introduction • Understand the History • A Suitable Starting Point • Beware of Personal Involvement • Raising the Red Flag • Complexity • Cutting Corners • Keep Good Files • The Written Record • Never Lose Sight of the Fundamentals • Don’t Make It Up • A Second Pair of Eyes • Names, Numbers, and Dates • Loose Ends and Gaps • Correcting Mistakes • Uncertain Responsibilities • Last-Minute Changes • Last-Minute Deliveries • Follow-Through • Conclusion and Summary • Practice Checklist

Chapter 3 The Art of Real Estate Negotiations

Introduction • Who Represents the Other Side? • The Negotiating Timetable • Personal Relationships Among Negotiators • Reaching a Compromise • Making a Proposal • Responding to a Proposal • Compromises and Concessions • The Importance of Timing • The Documents • Disregard this Chapter • Practice Checklist

Chapter 4 How To Prevent Real Estate Problems in Non-Real Estate Transactions

Introduction • Handling the Real Estate • Practice Checklist


Part II  The Documents


Chapter 5 How To Prepare Legal Documents

Introduction • Substantive Checklist for Any Document • The Whole Document • The Anatomy of a Document • Structure for "New" Documents • Get the Base Case Right; Keep It Simple • Brevity Is Good. Clarity Is Better • Use Model Documents • Writing with a Computer • Multiple Documents • Some Suggestions for Exhibits • Special Problems of Recordable Documents • Execution Sets of Documents: When and How To Prepare Them • Dealing with Signed Documents • Remember the Other Stuff • Practice Checklist

Chapter 6 Writing Clearly and Effectively: How To Keep the Reader’s Attention

Introduction • Establish a Sound Structure • Keep It Simple • Catch and Keep the Reader’s Attention • Strong Verbs Strengthen Your Writing • Use Powerful Words in a Powerful Way • Don’t Take Yourself Too Seriously • Suggestions for the Writing Process • Your Conclusion • Practice Checklist

Chapter 7 How To Use Defined Terms To Make Documents Work Better

Introduction • When To Use Defined Terms • Two Types of Defined Terms • Laundry List Limitation • Fine-Tuning the Defined Terms • Flexibility vs. Complexity • The "Top-Down" Approach • Breadth vs. Narrowness • Avoiding a Maze of Cross-References • Selecting and Planning Defined Terms • Where To Put Definitions • The Limits of Defined Terms • Practice Checklist

Chapter 8 How Could Anyone Possibly Have Comments on My Masterpiece?

Introduction • Comments from Your Colleagues • Your Client’s Comments • Comments from "The Other Side" • What To Do About Comments • Achieving Closure (and Closings) • Practice Checklist

Chapter 9 The Documents Are Ready—Now Get Them Out the Door!

Introduction • Logistics: Getting the Work Out the Door • Cover Letters and Memos • Conclusion • Practice Checklist

Chapter 10 How To Control the Email Deluge, Get People To Read the Email You Send, and Prevent Email Embarrassments

Introduction • Get a Handle on Attachments • Reduce the Volume • Encourage a Quick Response • Use Your Support System • Avoid a Red Face • The Paperless Office? • Practice Checklist


Part III The Closing


Chapter 11 Closings: General Principles and Checklist

Preparation in General • Legal Content of Closings • The Closing Checklist • Practice Checklist

Chapter 12 Preparing for the Closing: The Early Steps

Introduction • Startup Measures: The Team and the Big Picture • Startup Measures: The Real Estate • Consents and Approvals • Due Diligence • Leases • Existing Lenders • Opinions of Counsel • Title Insurance • Insurance (Other Than Title Insurance) • Practice Checklist

Chapter 13 The Last Few Days Before the Closing

Introduction • Final Closing Preparations • Services and Logistics at Closing • Practice Checklist

Chapter 14 What To Do at the Closing (Except the Money)

Initial Steps • Documents at Closing • Practice Checklist

Chapter 15 Money at the Closing

Introduction • Preventing Problems • Practice Checklist


Part IV Wrap-Up


Chapter 16 After the Closing

A Legal Tragedy That Didn’t Need To Be • She Who Hesitates Is Lost • "I’ll Get It To You After the Closing" • Make a List; Check It Twice • Tell Everyone About It • The Mystery of the Missing Documents • Bookmaking • One Computer File Is Worth a Million Words • Does The Client Know Its Rights? • Save the Dates • Good News, Bad News • Watch the Transaction • Routine Entity Maintenance • Practice Checklist

Chapter 17 How To Amend Transactional Documents

Introduction • Finding the Starting Point • The Larger Context • Making the Changes • The Scope of Amendments • More Bases To Cover • Finishing the Job • Practice Checklist

Appendix I  Lender’s State-of-the-Art Nonrecourse Clause

Appendix II  Additional Checklist for Model Documents


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