Course Descriptions

Affordable Housing (2) RE 610
An in-depth study of the special laws applicable to Section 8 Housing and a workshop covering the structuring, drafting, negotiating and closing of an affordable housing development (i.e., the acquisition of land, formation of a joint venture between the for-profit and not-for-profit entity, financing and construction).

Alternative Means of Dispute Resolution (2) RE 611
An exploration of the use of mediation, arbitration, mini-trials, etc., in the context of real estate-related disputes.  Rather than exploring the role of the neutral or the attorney for client dispute, this course explores the role of the transactional attorney is negotiating, drafting and reviewing ADR provisions in a real estate document.

Bankruptcy and Insolvency Laws Affecting Real Estate (2) RE 601
An in-depth study of the impact of the federal and state bankruptcy and insolvency laws upon real estate development, finance and workouts, focusing on the rights and remedies available to the debtor in bankruptcy and its creditors when a party to a real estate transaction becomes insolvent, including a bankruptcy filing by a landlord, a tenant, a ground lessor or lessee, party to a reciprocal operating and easement agreement, a borrower, or a contractor or subcontractor. Particular emphasis will be placed on the impact of a bankruptcy filing by a borrower on the remedies available to a mortgage lender, including enforcement of pre-petition agreements to lift the automatic stay, the use of “pre-packaged” bankruptcy plans, the “new value” exception to the absolute priority rule and enforcement of “springing guarantees.”

Commercial Real Estate Transactions (3) RE 602
A survey of the legal, accounting, and business issues relating to the acquisition, construction, leasing, ownership, operation, and management of various types of commercial real estate projects. Particular emphasis will be placed upon underwriting considerations, selecting the choice of entity (S-corporation, limited liability company, corporation, general partnership, joint venture, or limited partnership) and title insurance.

Condominium, Cooperative and Other Common Ownership Interest Communities (2) RE 617
An examination of the laws relating to common ownership interest communities, including the legal foundations and structures of condominiums, cooperatives and home owners’ associations; occupancy and use restrictions, restrictions on alienation, maintenance of common areas and enforcement of declaration, by-laws and regulations; a review of consumer protection legislation to combat developer abuses; management problems, litigation and conversions.

Construction Law (2) RE 612
A study of the various aspects of construction law, including construction contracting and related claims and litigation and the rights and duties of developers, contractors,  subcontractors, design professionals, bonding companies and lenders. An analysis of the pitfalls to avoid in construction contracting, the bidding process and government work, construction liabilities and insurance, mechanic’s liens, construction scheduling and delays, warranties, arbitration or litigation, damages, remedies, waivers and defenses.

Drafting & Negotiation Skills Workshop (2) RE 608
This course will focus on developing skills in drafting and negotiation, utilizing a basic, but usually highly negotiated, real estate document (such as a joint venture agreement, loan modification agreement or an office lease) to be negotiated for a hypothetical deal.

Energy Law (2) RE 624
This class will cover emerging areas of energy law, with a focus on how energy law affects economic development, particularly in the area of real estate. Issues to be covered include: the importance of energy law, generating energy (coal, domestic petroleum, natural gas, nuclear energy, water, wind, solar), energy generation site selection, transmission of energy, and market issues affecting energy. The course will also examine energy efficiency and conversation efforts, and how such efforts affect real estate development. 

Environmental Controls and Concerns Affecting Real Estate (2) RE 609
A survey of the various federal and state statutes, regulations and judicial and administrative decisions with respect to environmental matters including, air, water, solid waste and noise pollution abatement (including CERCLA and RCRA); an analysis of the impact of these environmental controls (both indoor and outdoor) upon land ownership, development and financing; and the formation of plans and procedures to improve compliance with environmental laws and rules, including handling a remediation of contaminated property.

Fair Housing Clinic (2) RE 622
In addition to teaching the substance of fair housing law, the clinic offers students an opportunity to participate in federal court litigation, state and administrative proceedings, and appeals.

Fair Housing/Fair Lending Law (2) RE 633
The study of federal, state and local laws pertaining to discrimination in housing and lending, focusing on the theoretical and legal problems presented by the fair housing and lending laws as well as the practical aspects of handling a fair housing case and methods to comply with these laws, including the Community Reinvestment Act.

Federal Income Tax Aspects of Real Estate (2) RE 603
An in-depth analysis of the federal income tax aspects of acquiring, owning, operating and disposing of real estate, including a review of corporate and partnership taxation in connection with the question of form of ownership; the determination of basis, depreciation, recapture, and investment credits; the characterization of gain or loss; the alternative minimum tax; the use of tax-free exchanges; the tax consequences upon foreclosure or loan modification; and the deferral of income through the use of installment sales.

Historic Preservation Law (2) RE 632
This course will examine historic preservation laws and incentive programs, focusing on the transactional process of preserving and rehabilitating historic buildings. The class will cover topics such as the federal preservation laws, state and local preservation laws, how preservation relates to the Fifth Amendment takings clause, financing the rehabilitation of historic buildings, land-use issues that arise in historic preservation, and preservation easements and covenants

Independent Research (2) RE 698
Research on an issue of real estate law and formation of an original idea in connection therewith, culminating in a written work of publishable quality.

Insurance Aspects of Real Estate Transactions (2) RE 616
This course identifies the insurance issues that are involved in various real estate transactions including construction, financing and the ownership and operation of rental property (from both a landlord’s and tenant’s perspective). The focus will be on negotiating and drafting insurance clauses in documents that support these transactions.

International Aspects of Real Estate (2) RE 615
An examination of the special legal and business issues which arise when a foreign person or entity develops or finances real estate projects located in the United States, paying particular attention to tax issues.

Introduction to American Law (2) RE 634
This course is designed to give non-lawyers an overview of the American legal system, an introduction to selected areas of substantive law and the ethical context in which law is practiced.  The course will enable students to begin to understand the 'vocabulary' of the law with particular emphsis given to property and real estate concepts.

Introduction to Basic Real Estate Law & Practice (2) RE 635
This course introduces non-legally trained students to the basic substantive areas of real estate law.  Transaction considerations as well as legal issue spotting will be emphasized.  The course will enable students to begin to understand the dynamics of the law as it pertains to real estate transactions and the practice of real estate law.  This course will cover the basics of a real estate transaction starting with preliminary considerations to the final closing process.

Introduction to Federal Income Tax (1) RE640
This course provides an introduction to basic federal income taxation.  It will cover topics including defining gross income, exclusions from gross income, assignment of income, personal deductions, personal exemptions, business deductions, minimum tax, sales and other dispositions of property, capital gains and losses, and accounting concepts in taxation.

Introduction to Legal Materials and Analysis (2) RE 636
This course, which is designed to give non-lawyers an introduction to legal materials and computerized research.  It will teach students how to find, read, analyze and obtain information from statues, regulations, cases and common practice documents such as contracts, leases, declarations and easements.  In addition, it will introduce students to legal writing and drafting.  This course will build upon concepts and vocabulary learned in the Introduction to Basic Real Estate Law & Practice course.

Land Use Control and Zoning (2) RE 604
A study of governmental regulation and land use restrictions relating to the development of real estate, including municipal zoning, changes in zoning, spot zoning, variances and special exceptions, planned unit developments, floating zones, state controls, landmarks, forced dedications, development fees, condemnation and regulatory takings, subdivision approvals, flood plains and environmental controls.

Leasing, Ownership and Management (2) RE 605
An in-depth study of the legal and business issues involved in the leasing, ownership and management of various types of commercial real estate properties. Particular emphasis will be placed upon negotiation and drafting of commercial lease. Skills exercises in negotiations, drafting and review of documents reflect the transactional perspective of the course.

Natural Resources Law (2) RE 621
An examination of the various aspects of natural resources law and how that body of law affects the development and use of real estate, including the economics of natural resources law, the sources of natural resources law, ownership of natural resources, management of commodity resources (timber, minerals, and water), land use and development, conservation efforts, and the impact of these efforts on development and renewable natural resources.

Public Finance (2) RE 614
This course covers issues in public finance, especially as those issues relate to real estate finance and development.  Topics include revenue sources (transfer taxes, ad valorem taxes, special assessments and service charges, etc), public entitlements (TIF, tax credits, etc) and public debt/bond financing.  

Real Estate Finance (3) RE 607
This course covers the various financing devices used today to acquire, construct and permanently finance commercial real estate.  Students will examine the instruments used to document various kinds of commercial real estate loan transactions, as well as consider the rights, remedies and duties imposed upon the parties and the problems and claims that arise when a loan goes into default.  This class will also consider workouts, modifications and forbearance agreements, as well as enforcement strategies and priority issues under the Bankruptcy Code and Article 9 of the UCC.  

Real Estate Industry (2) RE 619
The overarching objective is to develop an understanding of how real estate markets work. The course provides an introduction to financial analysis of real estate for investment purposes. It will consider the impact of financial performance on the legal and capital structures of real estate investment entities. Finally, attention will be given to how US real estate markets function.

Real Estate Legal Practicum (2) RE 620
This course will provide students a hands-on experience in commercial real estate practice. Under careful supervision of a full-time faculty member, the students will work with a member of the adjunct faculty in one of the various settings where real estate lawyers practice— law firms, title companies, corporations or government. The course is structured to meet the needs of the individual student who has not had significant practice experience in the field of real estate law. Consultation with and approval of the director of the program is required for registration.

Real Estate Litigation (2) RE 613
A workshop covering the substantive and procedural elements of handling real estate-related litigation such as actions to quiet title, ejectment, eminent domain, partition, foreclosure, mechanic’s liens, construction claims, brokerage commissions or liability, and real estate sale contracts.

Securitization of Real Estate (2) RE 606
An in-depth treatment of the alternative sources of funds for investment in real estate and the transformation of real estate into securities through the use of REMICs, REITs and mortgage conduit vehicles and the use of “derivatives” in real estate financings.

Seminar on Selected Topics in Commercial Real Estate Finance and Development (2) RE 618
An in-depth treatment of selected topics of commercial real estate finance and development with an emphasis on current developments in the law and the real estate industry.

Seminar on Selected Topics in Local Government Law and Policy (1) RE 627
An in-depth treatment of selected topics of local government law and policy, with an emphasis on how local governmental law and policy affect the real estate industry.

Seminar on Selected Topics in Sustainability (1-2) RE 626
An in-depth treatment of selected topics of emerging issues of sustainability and green issues in the commercial real estate industry, with an emphasis on legal implications of green and sustainable building.

Sustainability in Modern Real Estate Transactions (2) RE 625
This course will cover issues in green building and issues of sustainability in the modern real estate transaction. The beginning of the course will be an overview of green/sustainable building. These topics will track topics of the LEED Green Associate exam, and will allow students taking this course to qualify to take the LEED Green Associate exam. The second portion of the course will focus on the attorney’s role in the modern green real estate transaction, including how to advise clients on legal risks and drafting concerns associated with green provisions in real estate documents. This course is an essential guide for any real estate attorney who will work on green deals.

For more information about the Center for Real Estate Law, please contact us or request information.