Law Seminars International Presents: The Eighteenth Annual Advanced Conference on

Commercial Real Estate Purchases & Sales
Updates on structuring, negotiating, financing and documenting major commercial property sales

March 28 & 29, 2011
Renaissance Seattle Hotel in Seattle, WA

Who Should Attend

Attorneys, real estate professionals, appraisers, owners, buyers, lenders, escrow officers and other decision-makers in the purchase and sale of real property

Why You Should Attend

Commercial purchases and sales agreements are unique and evolving machines that can blow up in the face of the unwary or uninformed, or set a great roadmap for a smooth transaction. We will explore the brave new world of today's real estate market, and how it is affecting the structuring, negotiation and documentation of major commercial property sales; the scope of due diligence, feasibility and environmental investigations; and the appraisal world. We will also examine the pleasures and pain of enforcing sale agreements and as well as dealing with "distressed" properties.

This conference is a must for anyone who needs to make important decisions in commercial property purchases and sales in the context of this new world.

~ Anne DeVoe Lawler, Esq. and Cynthia Thomas, Esq., Program Co-Chairs

What You Will Learn


Monday, March 28, 2011

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction & Overview

Anne DeVoe Lawler, Esq., Program Co-Chair
Jameson Babbitt Stites & Lombard PLLC / Seattle, WA

Cynthia Thomas, Esq., Program Co-Chair
Real Property Law Group, PLLC / Seattle, WA

8:45 am

Who are the Sellers and Buyers in Washington's Commercial Real Estate Market, What Challenges and Benefits Do They Bring to the Table?

How have owners and buyers changed and adapted from past market cycles? What are the challenges and opportunities facing sellers and buyers today and in the near future?

Anne DeVoe Lawler, Esq., Program Co-Chair
Jameson Babbitt Stites & Lombard PLLC / Seattle, WA

Dan Ivanoff, Managing Investment Partner
Schnitzer West, LLC / Seattle, WA

William Justen
Credence Equity LLC / Seattle, WA

Stephen P. Latimer, Esq., Managing Director
ING Clarion Partners / Seattle, WA

10:00 am

Break: Coffee, Tea and Conversation

10:15 am

Updating Buyer's Business and Legal Due Diligence Processes

Business due diligence: Critical issues in projecting existing and future cash flow; analyzing operating statements, projecting expenses, lease terms, tenant financial condition and lender requirements

Steven L. Wood, Esq., Managing Director
Century Pacific, LLLP / Seattle, WA

Legal due diligence: Title and survey, easements, covenants and restrictions, environmental condition, development requirements

Mark K. Funke, Esq.
Funke PS / Seattle, WA

11:30 am

Title Issues in Buying Distressed Property

How development agreements or other encumbrances can lead to significant costs and unknown liabilities for a buyer planning future development

Martin J. Strelecky, Esq., Vice President
Old Republic National Title Insurance Company / Seattle, WA

12:15 pm

Lunch (on your own)

1:30 pm

A Fresh Look at Seller Representations and Warranties

Current expectations and new standards; survival provisions; baskets and caps on liability; seller and buyer positions

Constance L. Proctor, Esq.
Vandeberg Johnson & Gandara / Seattle, WA

2:30 pm

Quick Tips on Specialized Issues

Drafting tips; Obtaining estoppel & SNDAs from existing tenants

Susan Shyne, Esq.
GordonDerr LLP / Seattle, WA

3:15 pm

Break: Coffee, Tea and Conversation

3:30 pm

Section 1031 and Other Tax Issues and Strategies

Tax-deferred and reverse exchanges, syndicated tenancies in common, condemnations and installment sales

Mary B. Foster, Esq., President
1031 Services, Inc. / Bellevue, WA

4:15 pm

Establishing Value: Appraisal Challenges in a Challenging Market

Anthony Gibbons, MAI, CRE, Principal
Re-Solve / Bainbridge, WA

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Real Property Law Group, PLLC and Jameson Babbitt Stites & Lombard PLLC


Tuesday, March 29, 2011

8:00 am

Continental Breakfast

8:30 am

What Real Estate Lawyers and Professionals Need to Know About New Developments in Environmental Law

New environmental disclosure requirements for commercial properties

Bradley M. Marten, Esq.
Marten Law PLLC / Seattle, WA

9:15 am

The Dance of Negotiation

In negotiations, what gets cut, what is retained and why

William H. Block, Esq., Director
Committee to End Homelessness / Seattle, WA

Ellen Conedera Dial, Esq.
Perkins Coie LLP / Seattle, WA

10:15 am

Break: Coffee, Tea and Conversation

10:30 am

Litigation Update: Recent Claims, Cases and Results

Christopher I. Brain, Esq.
Tousley Brain Stephens PLLC / Seattle, WA

11:15 am

Ethical Issues for Lawyers and Brokers in Purchase and Sale Transactions

Recognizing and mitigating conflicts with existing/prior clients; duties to disclosure; waiver requirements; allocation of authority between client, lawyer and broker; fairness and candor; impact of the Internet and resulting new business models

John D. Sullivan, Esq.
Short Cressman & Burgess PLLC / Seattle, WA

2010 License Requirements

Christopher Osborn, Esq.
Foster Pepper PLLC / Seattle, WA

12:15 pm

Lunch (on your own)

1:30 pm

Unique Opportunities for Purchasing Properties including Purchasing Debt

Brian J. Danzig, Esq.
Danzig Law Firm LLC / Seattle, WA

2:15 pm

New Approaches to Raising Capital and Obtaining Financing

Creative solutions in current capital markets; lender requirements for new purchase loans; soft-equity financing; loan assumptions; seller financing

Anne DeVoe Lawler, Esq., Program Co-Chair, Moderator
Jameson Babbitt Stites & Lombard PLLC / Seattle, WA

Randy Daniels, Senior Vice President
Bank of America / Seattle, WA

William Pollard, Founding Principal
Talon Private Capital / Seattle, WA

Gary W. Beem
Northwest Commercial Mortgage / Seattle, WA

3:30 pm

Evaluations and Adjourn



Regular tuition for in person or webcast attendance for this program is $995 with a group rate of $745 each for two or more registrants from the same firm. For government employees, we offer a special rate of $665. For students and people in their job for less than a year, our rate is $497.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Tuesday, March 22, 2011. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 11.25 WA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.


The conference will be held at the Renaissance Seattle Hotel at 515 Madison St. in Seattle, WA 98104. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a DVD recording and the course materials (either a binder or searchable CD), is available for $1005. The course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy

Faculty Bios

Anne DeVoe Lawler, Program Co-Chair, is the Managing Member in the Seattle law firm of Jameson Babbitt Stites & Lombard PLLC. She is experienced as a transactional attorney representing owners, landlords, developers, lenders and business owners in transactions involving real property. She also advises clients on hazardous waste issues affecting real estate and is a Top 50 Washington Women's Super Lawyer.

Cynthia Thomas, Program Co-Chair, co-founded the Real Property Law Group, PLLC to provide legal services focused on real estate transactions, including acquisitions, sales, leasing, financing and development. She has been named Super Lawyer and one of the top 50 female lawyers in Washington by Washington Law & Politics.

Gary W. Beem is co-founder and President of Northwest Commercial Mortgage. He currently sits on Principal Global Investors Debt Advisory board and has been active on local civic committees.

William H. Block is Director of the Committee to End Homelessness. He was one of the creators of Commercial Real Estate Leases CLE and represented owners, developers and users of real property in leasing, purchase and sale and property management transactions.

Christopher I. Brain, member at Tousley Brain Stephens PLLC, focuses on real property, business and class action litigation. He handles purchase agreement disputes, specific performance and foreclosure actions, lease disputes, restrictive use covenant and construction cases, as well as ownership and management of closely held businesses. He has been named a top 100 Super Lawyer.

Randy Daniels, Senior Vice President and Northwest Regional Executive at Bank of America's Commercial Real Estate Group, manages a team providing banking solutions and products to professional real estate developers and investors in the Northwest.

Brian J. Danzig, founder of The Danzig Law Firm LLC, advises in transactions involving real estate, finance and business matters, including acquisitions, dispositions, development, investment, financing and workouts.

Ellen Conedera Dial, partner at Perkins Coie LLP, focuses on real estate development and financing, acquisitions and dispositions, leasing, land use and zoning. She is former President of the WSBA and co-author of the Washington Real Property Deskbook chapter on the law of Landlord and Tenant. She has been named in Chambers USA's Leading Lawyers for Business, The Best Lawyers in America, and a Super Lawyer.

Mary B. Foster, President of 1031 Services, Inc., is co-author of "Tax-Free Exchanges Under Section 1031," and former Chair of the ABA Subcommittee on Like Kind Exchanges. She is an expert on tax-deferred exchanges.

Mark K. Funke, founder of Funke PS, advises clients on all facets of real estate transactions, including leases, development agreements, loan documentation, title issues, covenants and easements. He has been named a Super Lawyer Rising Star by Washington Law & Politics.

Anthony Gibbons, MAI, CRE, Founder and Principal of Re-Solve, is experienced in eminent domain and is an appraisal expert for both governmental agencies and private property owners. He is past President of the Seattle Chapter of the Counselors of Real Estate, and contributing author to the Washington Real Property Deskbook.

Dan Ivanoff is Founder and Managing Investment Partner of Schnitzer West, LLC, a real estate investment, development and property management company.

William Justen is principal at Credence Equity LLC, a newly-formed private equity fund that invests in and adds value to undervalued and underperforming assets. He is also founder and principal of The Justen Company LLC.

Stephen P. Latimer, Managing Director at ING Clarion Partners, is team leader for the West Coast private market acquisition activities and a member of the private market investment committee. He has portfolio management responsibilities for private market client accounts.

Bradley M. Marten, partner at Marten Law PLLC, is consistently ranked by his peers as one of the nation's top environmental lawyers. He is President-Elect of the American College of Environmental Lawyers, and is also listed in Best Lawyers, Chambers USA and the International Who's Who of Environmental Lawyers.
Full bio and contact info for Bradley M. Marten at Marten Law PLLC

Christopher Osborn, member of Foster Pepper PLLC, focuses on real estate transactions and dispute resolution. He is counsel to the Northwest Multiple Listing Service and the Commercial Brokers Association.

William Pollard, Founding Principal, Talon Private Capital, was Co-founder & Principal at Pacific Real Estate Partners, Inc., involved in sales & leasing. He has been Seattle Broker of the Year several times.

Constance L. Proctor, partner at Vandeberg Johnson & Gandara, LLP, concentrates on real estate development and financing, conveyance, construction and financing, commercial leasing, real estate arbitration and mediation, business and condominium law.

Susan Shyne, partner at GordonDerr LLP, counsels public and private clients in real property transactions. She represents owners, buyers and sellers in the evaluation, financing, acquisition, development, sale and leasing of residential and commercial real property.

Martin J. Strelecky, Vice President of Old Republic National Title Insurance Company, is on the Board of the Pacific Real Estate Institute and a contributing author to the Washington Real Property Deskbook. Prior to moving to the title insurance industry, he was a practicing attorney, concentrating on real estate and business transactions.

John D. Sullivan, partner at Short Cressman & Burgess PLLC, is co-chair of the Business and Real Estate Section and Ethics Committee. He focuses on commercial real estate transactions, including entity formation, purchases and sales, condominium creation, leasing, financing, and transactions involving Indian land.

Steven L. Wood, Managing Director and Founder of Century Pacific, LLLP, has structured and negotiated transactions throughout the U.S., including acquisitions, dispositions, joint ventures, leases, and developments and other investment services.