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 Real Estate Fall Update 2009 - WEBCASTWebcast Prices from $209.00 to $299.00 or call 303-860-0608(toll free 888-860-2531)
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November 2009
Real Estate Fall Update 2009
Important Webcast Information:
Webcasting is Green!
Course materials are provided in electronic format to all webcast attendees. If you prefer to receive the materials in paper form, you must make this request at the time of registration. Once CBA-CLE has final materials prepared, they will be shipped immediately upon your request, but we cannot guarantee that you will receive them prior to the program. Webcasting is Easy!
The minimum system requirements:
- A reliable High-Speed Internet Connection
- Your computer should have a 500 MHz or higher processor and at least 128 mb of RAM (any newer computer)
- Microsoft's Windows Media Player™ v.9 or higher Tips for a better webcast experience: http://www.cba-cle.org/webcast_tips.html Please run this test to make sure your computer meets the minimum system requirements:
*You will receive an invoice and instructions to view the webcast via email upon registration*
Program Highlights
What You Will Learn:
- Case Law Update
- Legislative and Regulatory Update
- Forms Update
- Title Insurance Point-Counterpoint
- The Ethics of Representing Both Parties to a Real Estate Transaction
Who Should Attend:
- Real Estate Attorneys
- Litigators
- Real Estate Industry Professionals
- Anyone Who Needs to Up-to-Date Guidance On the Latest Developments in Real Estate Law!
Program Description
Fall is here and it is time again for the Annual Fall Real Estate Law Update!
The past 12 months have seen significant new developments in the world of real estate law - from new state and Federal statutes, to new regulatory requirements, to corresponding changes in commonly used forms, there is a lot of new information to keep abreast of. The easiest, fastest, most effective way to get up to speed on these changes is to attend the Real Estate Law Section's Annual Fall Real Estate Law Update!
Of course, you will receive succinct summaries of the most recent case decisions as well as summaries of important legislative, regulatory, and forms changes. This year's program includes a valuable presentation on new developments and issues in the world of title insurance, from both the real estate attorney's and the title insurance company's perspective. Finally, this year's program includes the always valuable segment on legal ethics. This year's ethics presentation will focus on the legal ethics of representing more than one party to a real estate transaction.
Each fall, Colorado attorneys and real estate industry professionals attend the Annual Fall Real Estate Law Update to learn what they need to know to be on the cutting edge in real estate law.
Register today!
Agenda
8:30 AM - 9:00 AM
Registration
9:00 AM - 9:05 AM
Welcome and Introduction
Extended by Christopher J. Heaphey, Esq., Program Chair
9:05 AM - 10:05 AM
Legislative and Regulatory Update
The past 18 months have seen the passage of significant Federal and state legislation, as well as the imposition of new regulatory requirements, that affect real estate attorneys. Get up to speed on the most important of these new changes!
Here is just a sample of the new laws and regulations you will learn about:
*Green Initiatives and Energy Incentives
-HB 09-1149: Solar Installation
-SB 09-051: Renewable Energy Financing
-SB 09-177: Property Taxation of Solar Energy Facilities
*New Consumer Protection
-HB 09-1085: Amendments to Mortgage Loan Originator Licensing
-HB 09-1254: Regulation of 1031 Exchange Intermediaries
-HB 09-1227: Landlord Equity Skimming
*New Uniform Acts
-HB 09-1198: Uniform Power of Attorney Act
-HB 09-1241: Uniform Principal and Income Act
*And More!
Presented by Geoffrey P. Anderson, Esq.
10:05 AM - 10:15 AM
Break (10 minutes)
10:15 AM - 11:05 AM
Title Insurance Point-Counterpoint
What is the best way to use title insurance? What are the key provisions you need to understand to prevent unpleasant surprises after the sale has closed? What about the financial crisis? How does the recession, and the attendant problems such as lender insolvency, affect your approach to title insurance?
Learn the answers to these and other important questions during this fun, informative segment! The veteran faculty will give you the perspective of the real estate attorney as well as the perspective of the title insurance company in-house counsel.
Here is just a sample of the topics to be discussed:
*New ALTA endorsements and some interesting features of the existing endorsements you need to be aware of
*Coverage in a title insurance policy where the buyer/insured has knowledge
*A reminder of the important exclusions from title insurance coverage and how these exclusions impact a purchase
*A discussion of hold-open policies and the middle party
*And more!
Presented by Peter J. Griffiths, Esq. and Julia T. (Julie) Waggener, Esq.
11:10 AM - 12:00 PM
Real Estate Commission Forms Update
Presented by Kent Jay Levine, Esq.
12:00 PM - 1:10 PM
Lunch (On Your Own)
1:10 PM - 2:10 PM
Case Law Update - In Depth, Part 1 of 2
Enjoy a full 1 ½ hours learning about recent case law of interest to real estate law attorneys. Get the detailed analysis you need to understand how decisions in recent cases will affect your practice!
Presented by Michael G. Milstein, Esq.
2:10 PM - 2:20 PM
Break (10 minutes)
2:20 PM - 2:50 PM
Case Law Update - In Depth, Part 2 of 2
2:55 PM - 3:45 PM
The Ethics of Representing More than One Party to a Real Estate Transaction
Sometimes, especially in the less urban areas of Colorado, the parties to a real estate transaction want one attorney to represent both of the parties. Agreeing to do so raises a substantial number of questions, both legal and practical. Some of these questions are:
*Can you ever, under any circumstances, represent both parties to a real estate transaction without running afoul of the ethics rules? If so, what are those circumstances?
*Beyond the ethics rules addressing conflicts of interest, which other ethics rules are implicated?
*Does it help to obtain conflict of interest waivers from the parties?
*What if both parties to the transaction are your existing clients? Does this additional fact make it more or less difficult to agree to representation?
*What do you do when you learn about an undisclosed defect to the real property?
*Is there additional due diligence the parties (particularly the seller) must take in order for the legal representation arrangement to work?
*Is there a CBA ethics opinion that addresses this issue?
*What are the practical issues when you consider representing both parties to a transaction?
Learn the answers to these questions, and more, during this important and thought-provoking segment of the program!
Presented by Stephen G. Masciocchi, Esq.
3:45 PM
Adjourn
Faculty:
Christopher J. Heaphey, Esq., Program Chair
Holland & Hart, LLP
Aspen, CO
Geoffrey P. Anderson, Esq.
Burns, Figa & Will, PC
Greenwood Village, CO
Peter J. Griffiths, Esq.
Land Title Guarantee Company
Denver, CO
Kent Jay Levine, Esq.
Kent Jay Levine, PC
Englewood, CO
Stephen G. Masciocchi, Esq.
Holland & Hart, LLP
Denver, CO
Michael G. Milstein, Esq.
Foster Graham Milstein Calisher, LLP
Denver, CO
Julia T. (Julie) Waggener, Esq.
Waggener & Foster, LLP
Denver, CO
Planning Committee:
Thomas L. DeVine, Esq.
Snell & Wilmer, LLP
Denver, CO
Christopher J. Heaphey, Esq.
Holland & Hart, LLP
Aspen, CO
David L. Osborn, Esq.
Osborn Law Firm
Fort Collins, CO
Christopher W. Payne, Esq.
Ballard Spahr Andrews & Ingersoll, LLP
Denver, CO
Video Replays - December 2, 2009:
Denver: CLE Classroom, 1900 Grant Street, Suite 300
Grand Junction: 1250 East Sherwood Drive
Colorado Springs: 421 South Tejon Street, Suite 100
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Real Estate Fall Update 2009 
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