A Practical Guide to Commercial Real Estate Transactions

A Practical Guide to Commercial Real Estate Transactions
Author: Gregory M. Stein
Publisher: American Bar Association
Total Pages: 624
Release: 2016
Genre: Commercial real estate
ISBN: 9781634254861

For proven guidance and techniques for handling a commercial real estate deal, this practical guide will help you negotiate and close the deal. The authors cover each step of a real estate transaction in the order in which it generally arises, and offers pertinent advice, practice comments, and sample forms throughout. Because much of the real estate lawyer's practice revolves around transactional documents, the book's chapters emphasize the drafting, negotiation, and revision needed to get a deal closed. Written by a law professor and two real estate practitioners, this book offers a useful combination of text overview and practice pointers. It helps lawyers with less experience navigate through the maze of steps involved in a real estate transaction. At the same time, it serves as a valuable reference for more seasoned attorneys as well as those whose practice is concentrated in other areas of the law. Downloadable forms are available online.

Commercial Transactions

Commercial Transactions
Author: Lynn M. LoPucki
Publisher: Aspen Publishers
Total Pages: 0
Release: 2012
Genre: Checks
ISBN: 9781454810100

Commercial Transactions: A Systems Approach explores the nuances of transaction law from a systems' perspective, examining the infrastructure that supports commercial transactions and how the law is applied in real-world situations. Its outstanding team of co-authors uses an assignment-based structure that allows professors to adapt the text to a variety of class levels and approaches. Well-crafted problems challenge students' understanding of the material in this comprehensive, highly teachable text. All sections of the Fifth Edition have been revised to include new case law and problems, and the 2010 Amendments to Article 9. Hallmark features: Extraordinary authorship all four authors are standouts in the field of secured credit, payment systems and sales law. The Systems Approach examines the infrastructure that supports actual transactions; code is taught in the context of the transactions. Teachable problems prefaced by straightforward textual explanations. Assignment-based organization offers flexibility in teaching. Cutting-edge coverage, including key court cases. The revised Fifth Edition has been thoroughly updated by section: Part One: Sales Systems At least 20% new cases. Part Two: Financial Systems Updated problems that reflect the types of disputes arising out of the new electronic payment systems. Important new cases, including: Wachovia Bank, N.A. v. Foster Bancshares, Inc. Triffin v. Third Federal Savings Bank In re PTI Holding Corp. Chemical Bank v. Meltzer Data Sales Co. v. Diamond Z Manufacturing Banco Nacional de Mexico v. Societe Generale In re Kang Jin Hwang Korea Export Insurance Corp. v. Audiobahn, Inc. Davis v. Stern, Agee and& Leach, Inc. Part Three: Secured Credit The 2010 Amendments to Article 9.

Due Diligence and the Business Transaction

Due Diligence and the Business Transaction
Author: Jeffrey W. Berkman
Publisher: Apress
Total Pages: 278
Release: 2014-01-18
Genre: Business & Economics
ISBN: 1430250879

Due Diligence and the Business Transaction: Getting a Deal Done is a practical guide to due diligence for anyone buying or selling a privately held business or entering into a major agreement with another company. When you’re buying a business, it’s wise to conduct due diligence. That's the process of investigating and verifying the firm’s finances, labor record, exposure to environmental issues, store of intellectual property, hard assets, ownership structure, and much more. If you don’t, you may later stumble into serious, costly problems, or you may pay an inflated price for the business. This book not only shows you how to conduct such an examination and what to look for, but it will also help you uncover hidden issues that some sellers might not want you to know about. Conversely, this book shows smart business sellers how to conduct due diligence on their own firms to arrive at the right sales price, uncover issues that might scare off buyers or investors, solve lingering problems before a sale, and more. Done right, due diligence can help sellers ensure they sell the business for the best price and with the least risk. Due Diligence and the Business Transaction will help you understand when to conduct due diligence, whom to include, and how to spot the red flags that signal danger. In addition, you will learn: How to conduct due diligence when contemplating a joint venture, business loan, franchise opportunity, or manufacturing deal How to calibrate the correct scope and breadth of the due diligence investigation depending on your situation How the results of due diligence may and often will change the elements of the final deal How to draft due diligence documents so they protect your interests What successful deals look like Corporate attorney and due diligence expert Jeffrey W. Berkman interweaves critical action points, guidelines and procedural steps, case studies, and due diligence questionnaires, checklists, and documents. The veteran of many business deals, Berkman's advice will help you avoid business-crippling mistakes and make the best deal possible.

Unconscionable Conduct in Commercial Transactions

Unconscionable Conduct in Commercial Transactions
Author: Garth Wooler
Publisher: Cambridge Scholars Publishing
Total Pages: 292
Release: 2018-11-02
Genre: Law
ISBN: 1527520900

This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.

Law of Electronic Commercial Transactions

Law of Electronic Commercial Transactions
Author: Faye Fangfei Wang
Publisher: Routledge
Total Pages: 289
Release: 2010-01-21
Genre: Business & Economics
ISBN: 1135272395

Compares the legislative frameworks in the EU, US, China and International Organisations applicable to e-commerce and highlights the main legal obstacles to the development of electronic contracts and signatures, as well as Internet jurisdiction and online dispute resolutions.

International Commercial Sales: The Sale of Goods on Shipment Terms

International Commercial Sales: The Sale of Goods on Shipment Terms
Author: Andrea Lista
Publisher: Taylor & Francis
Total Pages: 581
Release: 2016-11-18
Genre: Law
ISBN: 1317662377

This book comprehensively examines the entire legal process of the international sale of goods, beginning with the creation of the contract and continuing through to either the fulfilment of the sale, or the termination of the contract. Every day goods are globally traded between sellers and buyers in different countries and different jurisdictions. The distances between the parties involved in such transactions, and the relative risks related to that, are a key issue in international commercial sales. Sales of goods carried by sea, thus, differ quite drastically from domestic sales; the goods will be normally shipped at a port very distant from the buyer, preventing his physical presence at the port of loading. Further, the goods will travel in the custody of a carrier, a party normally quite independent from either trader. Finally, transactions concluded on shipment terms are normally irreversible, in the sense that shipping the goods back to the seller represents an unlikely option for the buyer. Traders around the world very frequently choose English law to govern their contracts, with disputes to be resolved through London arbitration or litigation. The basis of that law is to be found in the English Sale of Goods Act 1979, and the book consequently also includes an examination of the fundamental principles of that Act, as well as considering use of the Vienna Convention on the International Sale of Goods. This book will be an invaluable reference point for legal practitioners specialising in the sale of goods, as well as postgraduate students and academic researchers working in sales of goods and the international trade sector.