23rd Annual Advanced Real Estate Seminar

MCLE Credits: 8.0
Ethics Credits Included: 1.0

Live on Site: Friday and Saturday, March 1-2 / Williamsburg (Kingsmill Resort)
Registration: 12:00 p.m.
Program: Friday: 1:00 p.m. - Saturday 12:00 p.m.
MCLE Credit: 8.0 (Ethics: 1.0; (Title Agent Credit Hours: Applying for Credit))
Live-Interactive Credit: 8.0 Live Interactive MCLE Credit Symbol

Information

Why Attend?

HIGHLIGHTS of this educational and entertaining seminar:

  • Understanding Inquiry Notice
  • Negotiating Loan Documents
  • Residential: Lurking in the Weeds—Advanced Covenant Issues
  • Using Condominiums and Owners Associations in Complex and Mixed-Use Developments
  • A Discussion of Risk Management Issues for the Real Estate Lawyer
  • Technology, Data Privacy, and Ethics: Where Confidentiality and Privacy Intersect
  • Reforming the Proffer Reforms
  • Waterfront Property Law:  Riparian Property Rights

Cosponsored with the Real Property Section of the Virginia State Bar

Great topics. Terrific faculty. Exceptional materials. Those who attend usually return every year — what’s the secret? There are additional benefits to attending: A grand resort at which to luxuriate and enjoy much needed time away from the office to gather your wits, socialize, and network with the faculty and other experienced real estate attorneys —all while getting 8 hours of relevant CLE, including 1.0 hour of ethics credit in two half-day sessions.

Preregistering VSB Real Property Section members save $25 on the registration fee!

Learn new skills and refresh others in important areas of the law to make you a better practitioner. This year’s program has a variety of topics that are relevant and timely for real estate lawyers.

Keep current with trends and developments in the law.

Indulge your brain (and your senses). Spend two luxurious days in the company of the best minds in Virginia real estate practice.

"Great speakers. Varied topics. Helpful materials."

"... Cover material in a less demanding fashion with the two 2 half-day sessions."

"The optional dinner provides a pleasant opportunity to visit friends from across the state and make new friends."

"Dynamic speakers. Great resort!"

This seminar is nondiscountable.

 

Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE

Friday

12:00 Registration
1:00 Understanding Inquiry Notice: When Does a Purchaser Take Subject to Unrecorded Interests
James C. Smith


Inquiry notice is a key ingredient of due diligence for persons who purchase real property and who make loans secured by real property. Purchasers who become subject to a duty to inquire are charged with whatever information a diligent investigation would reveal. Physical possession of the property by persons inconsistent with recorded instruments usually triggers a duty to inquire about the possessors’ rights. In addition, the duty to inquire is often triggered by language in recorded instruments that triggers a duty to discover more about the state of title.

2:30 Break
2:40 Concurrent Sessions

I. Commercial:
Negotiating Commercial Loan Documents
F. Lewis Biggs, Christopher B. DeMers


In this breakout session, the panelists will identify and discuss practice tips, legal issues, and negotiation strategies for commercial loan documents, with mock negotiations. One panelist will assume the role and perspective of lender counsel and the other will assume the role and perspective of borrower counsel. The session will address (i) key negotiating points; (ii) issues that are best addressed at the term sheet stage; (iii) the lawyer's role in the process; and (iv) common pitfalls.

II. Residential: Lurking in the Weeds—Advanced Covenant Issues
Karen Cohen, Lucia “Pia” Trigiani

This session will explore recent cases involving challenges where residents confront new uses in adjacent area; where old declarations and HOAs need to be revived; where an equitable scheme of development may apply where there is no covenant; and how to deal with termination or amendment.

3:40 Break
3:50 Using Condominiums and Owners Associations in Complex and Mixed-Use Developments
Robert M. Diamond


This session will address the dynamic issues of recurrent flooding and sea level rise, public policy and regulatory responses to these concerns, and related facility and development risks and legal liabilities, as well as evolving flood insurance policy requirements, related financial considerations for property owners, and trends in the insurance and construction marketplace in response to the changing flood maps and flood insurance guidelines. The presenters will offer practical tips and “real-world” perspectives based on their experience in the public policy arena and working with a broad range of facility and property owners, contractors, agencies, and other parties.

4:50 Break
4:55 Risk Management and Insurance for Real Estate Lawyers
Christie Benet, Anne Hill


This session will consider various ethical issues faced by the real estate practitioner, including the role of attorneys and potential conflicts of interest in real estate transactions, issues relating to confidentiality and disclosure of client information, and unauthorized practice of law concerns in real estate transactions. This session will also consider the various ethical considerations of the intersection between technology, cybersecurity, and the practice of real estate law. From the highly sensitive personal information a real estate lawyer handles to wire transfers to electronic recording of deeds, real estate is constantly evolving and cyber threats are also. The session will be interactive and will include analysis of specific ethical scenarios for group discussion.  Professionalism and best practices considerations beyond the baseline ethical requirements will also be discussed.

5:55 Adjourn
6:00 Complimentary Cocktail Party — Come join us in the bar for drinks, congeniality, and fun! 
7:00 Optional Dinner with the faculty — purchase ticket when registering

Saturday

7:00 Complimentary Continental Breakfast in the registration area
8:00 Technology, Data Privacy, and Ethics: Where Confidentiality and Privacy Intersect (Ethics)
Elizabeth Burgin Waller, Kellam T. Parks


From the European Union’s General Data Protection Regulation to California’s new data privacy regulations, the concept of “privacy” is on the rise. Data privacy and cybersecurity intersect, but are not the same. This session will focus on how a lawyer’s ethical duties of confidentiality overlap with data privacy. Every real estate lawyer handles personal identifying information that is covered by privacy regulations—do you know what you need to know?

9:00 Break
9:15 Reforming the Proffer Reforms
Shane Murphy


After the dramatic 2016 legislation affecting residential rezonings, applicants and governing bodies encountered issues where litigation concerns stymied debate about mitigating effects. Litigation arose nonetheless. Capital facilities typically provided in the conditional rezoning process evaporated, frustrating governing bodies in new ways. Will the 2019 General Assembly produce a better way forward?

10:15 Break
10:55 Waterfront Property Law:  Riparian Property Rights (an Important Source of Wealth)
James T. Lang


For waterfront property, the “riparian nature of property is often … the greatest element of its value” (Lynnhaven Dunes Condominium Association v. City of Virginia Beach, 284 Va. 661, 673 (2012)). This presentation will explain the nature of riparian property rights in Virginia, how to protect this valuable bundle of rights, tips for practice before the Virginia Marine Resources Commission (VMRC), and will illustrate the topic with examples involving construction of piers and examples involving oyster growing equipment (aquaculture) in Virginia waters.

12:00 Adjourn

Faculty

FACULTY

Elizabeth "Libby" Benet, Benet Consulting / Baltimore, MD
F. Lewis Biggs, Kepley Broscious & Biggs, PLC / Richmond
Karen L. Cohen, Vanderpool, Frostick & Nishanian P.C. / Manassas
Christopher B. DeMers, PesnerKawamoto / Tysons
Robert  M. Diamond, ReedSmith LLP / McLean
Anne  W.  Hill / Richmond
James T. Lang, Pender & Coward / Virginia Beach
Shane  M. Murphy, ReedSmith / McLean
Kellam T. Parks, Parks Zeigler, PLLC / Virginia Beach
James C. Smith, University of Georgia School of Law / Athens, GA
Lucia Anna Trigiani, MercerTrigiani LLP / Alexandria
Elizabeth Burgin Waller, Woods Roger PLC / Roanoke

MODERATORS

Kathryn N. Byler, Pender&Coward / Virginia Beach
Benjamin D. Leigh, Atwill, Troxell & Leigh, P.C. / Leesburg

Locations, Dates and Fees

LIVE REGISTRATION FEES
(All registrants will receive access to a complete set of downloadable e-book seminar materials.)

$375* regular registration (without printed materials).
$445* regular registration plus dinner at Le Yaca (without printed materials).
$520* regular registration plus dinner and guest dinner at Le Yaca (without printed materials).

$405 regular registration plus printed materials.
$475 regular registration plus printed materials and dinner at Le Yaca.
$550 regular registration plus printed materials, dinner, and guest dinner at Le Yaca.

$350* VSB Real Property Section member regular registration (without printed materials).
$420* VSB Real Property Section member regular registration plus dinner at Le Yaca (without printed materials).
$495* VSB Real Property Section member regular registration plus dinner and guest dinner at Le Yaca  (without printed materials).

$380 VSB Real Property Section member regular registration plus printed materials.
$450 VSB Real Property Section member regular registration plus printed materials and dinner at Le Yaca.
$525 VSB Real Property Section member regular registration plus printed materials, dinner, and guest dinner at Le Yaca.

$420.00 on-site registration (if space is available) (printed materials included).

*Available until 3 business days before the program


LIVE LOCATION AND DATES

WILLIAMSBURG / Friday and Saturday , March 1–2
1010 Kingsmill Road (Venue Website / Google Map)
(757) 253-3977

ACCOMMODATIONS

Accommodations are available at Kingsmill Resort at the group rate of $149.00 per night, plus taxes for single or double guestrooms. Book your accommodations on or before Thursday, February 7, 2019,  to ensure availability.

For Online Reservations

Booking Website: Book your group rate for 23rd Annual Advanced Real Estate Seminar

For Call-in Reservations

Attendees may call Kingsmill's toll-free number, 800-832-5665, to make reservations.

The conference reservations office is open Monday-Sunday, 8:30 a.m-7:00 p.m.  Please state you are with the Virginia Continuing Legal Education group when calling.


A special 15% discount and free shipping on Virginia CLE®–published books will be available for purchases made at the seminar site.


Lower Registration Fee and Greater Functionality with Downloadable E-Book Seminar Materials

ALL seminar registrants will receive access to a complete set of downloadable e-book seminar materials. E-book materials are searchable, easily accessible, and efficient to use.

When registering, please be sure to provide a legible, valid e-mail address to which Virginia CLE® can send a link to the e-book materials.

Printed Materials: You still have the option of receiving a complete set of printed materials for a higher registration fee. Registrants who choose this option will receive printed materials at the program.

REGISTRATION DEADLINES

To receive access to the downloadable e-book materials BEFORE the seminar AND register for the lower fee, your registration must be received no later than 5:00 p.m. 3 BUSINESS DAYS BEFORE the seminar.  A link to the downloadable e-book materials will be e-mailed to you two business days before the seminar. Once you download the materials, you can review them and print the portions you want to bring with you to the seminar.

After 5:00 p.m. 3 BUSINESS DAYS BEFORE the seminar, only the registration options that include printed materials will be available.


Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar.  You will, however, be charged $90 for the materials if you cancel your registration for the seminar, or transfer registration to a different seminar, after the link to the materials has been e-mailed by Virginia CLE®.

If you have a disability that requires special accommodation, please contact Virginia CLE® well in advance of the program date.

Private recording of this program is prohibited.

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