Real Estate Essentials: From Due Diligence to Default Remedies for Paralegals and Associates

Jay B. Solomon | Belkin ∙ Burden ∙ Goldman, LLP

Jay B. Solomon joined Belkin ∙ Burden ∙ Goldman, LLP, as a Partner in the Litigation Department on December 31, 2018. Previously, he was a founding partner of the boutique commercial real estate firm of Klein & Solomon, LLP, where he was the firm’s lead trial attorney since 1996.

Mr. Solomon is an accomplished litigator with a broad range of experience in complex real estate, corporate, partnership and landlord-tenant litigation in state and federal courts. His areas of expertise extend to co-op and condo litigation, representing creditors in bankruptcy litigation, federal and state fair housing and ADA discrimination cases, environmental spill cases, administrative investigations, labor and employment litigation, RICO cases, and guardianship matters.

Mr. Solomon also has significant appellate experience, having argued numerous cases before the Second Circuit Court of Appeals, the Appellate Term and Appellate Division of the NYS Supreme Court, and the New York State Court of Appeals, where he won two unanimous decisions. Additionally, Mr. Solomon has testified as an expert witness on commercial landlord-tenant issues and is a certified instructor in commercial landlord tenant law.

Mr. Solomon achieved the highest rating in the Martindale-Hubbell Law Directory and is rated as a Super Lawyer by Thomson Reuters in the New York Metro area. He has served on distinguished panels of real estate experts on behalf of Lorman Education Services.

Mr. Solomon is admitted to practice in the state and federal district courts in New York and New Jersey, the Second Circuit Court of Appeals and the United States Supreme Court. He is a member of the Judiciary Committee and the Civil Court Section of the New York County Lawyers Association and is a member of the New York City Bar Association.

Craig L. Price | Belkin ∙ Burden ∙ Goldman, LLP

Craig L. Price joined Belkin · Burden · Goldman, LLP in 2004, and is co-head of the firm’s Transactional Department.

He is an accomplished transactional attorney focused on sophisticated commercial and residential real estate matters, including single asset and portfolio real estate acquisitions and sales transactions of multifamily, retail, condominium, office and industrial properties. Mr. Price handles sophisticated financing transactions inclusive of securitized mortgages, acquisition and construction loans, as well as, commercial leasing matters of office, retail, triple net, ground, telecommunications, store and loft leases on behalf of both owners/developers and tenants in office buildings, malls, strip centers and residential and commercial buildings.

Mr. Price leads the residential transactional practice at BBG and is a leading professional in the New York City residential market, with extensive experience in townhouses, cooperative and condominium law, representing purchasers, sellers, lending institutions, sponsors, holders of unsold shares and cooperative and condominium boards, both in the capacity as transfer agent and as counsel.

Mr. Price has been a faculty member on transactional real estate law for the New York Residential Specialist (NYRS) course held at the Real Estate Board of New York (REBNY).

He has represented well known real estate families, not-for-profits, athletes, actors, best-selling authors, musicians, and the families of foreign dignitaries.

He frequently provides educational presentations at real estate brokerage firms throughout New York City, including Cushman & Wakefield, JLL, Avison Young, Ariel Property Advisors, Compass, The Corcoran Group, Douglas Elliman, and Leslie J. Garfield & Co. He has served on distinguished panels of real estate experts on behalf of Lorman Education Services, the Real Estate Institute and the University of Michigan Alumni Association.

I. Due Diligence: An Informed Client Is a Happy Client | 2:00pm – 2:30pm

• Timing is everything – dealing with the lead times
• What are the key pieces to a thorough due diligence review
• Know your jurisdiction

II. Complex Title, Survey, and Legal Description Issues | 2:30pm – 3:00pm

• Recognizing and resolving common title and boundary disputes
• Decoding challenging legal descriptions to avoid potential conflicts

Break | 3:00pm – 3:10pm

III. Navigating Loan Documents, Leases, and Commercial Real Estate Contracts | 3:10pm – 3:30pm

• Identifying potential pitfalls and high-risk clauses in contracts and loan documents
• Best practices for accurate and thorough document review
• Drafting strategies to reduce legal risks and protect client interests

IV. Remedies for Default and Breaches Under Purchase Agreements and Leases | 3:30pm – 3:50pm

• Purchase and sale agreements – claims for damages vs. claims for specific performance
• Remedies in commercial leases – nonpayment vs. conditional limitations

V. FDCPA Compliance Considerations When Pursuing Collections | 3:50pm – 4:10pm

• What is the Fair Debt Collection Practices Act
• Application of FDCPA to attorneys and legal staff
• Recent cases under the FDCPA