Autorentext

A practising lawyer for over sixty years, Barry Lipson obtained his JD degree from the University of Toronto Law School, his LLM from Osgoode Hall Law School, and was honoured as a Queen’s Counsel in 1980.

Klappentext

The list of those who have purchased a copy of The Art of the Real Estate Deal over the years include investors, lawyers, developers, builders, accountants, planners, appraisers, bankers, and lenders, all of whom have welcomed the book into their libraries as a single source reference on all real estate–related issues.
The original version, published in 1997, was a primer on the basic principles in real estate valuation, risk assessment and management, negotiation, and creative financing. Subsequent editions were broadened to include choosing a capitalization rate, the use of leverage, tax and liability concerns, and the choice of acquisition vehicle. The latest version has again been expanded to include instruction and guidance on joint ventures, strategies, and tactics.
A practising lawyer of over sixty years, Barry Lipson has much to offer from his personal experience as lead lawyer in some of the largest real estate developments in Canada and the United States. This updated and expanded fifth edition of The Art of the Real Estate Deal navigates the complexities of real estate law and presents a text foundational to cracking any real estate deal.

Inhalt

Foreword

Introduction

Part One – The Determination of Value

1. The Economics of Value
2. Property Valuation
3. Risk Assessment
4. Land or Site Valuation

5. Leasehold Valuation

   Part Two – The Art of Negotiation

6. The Art of Negotiation

7. Strategies

   Part Three – The Art of Drafting

8. Preliminary Considerations
9. The Choice of Entity
10. Drafting an Agreement to Acquire or Sell Income-Producing Property
11. Drafting an Agreement to Acquire or Sell Developable Land
12. Drafting an Agreement to Acquire or Sell Leasehold Property

13. Cost Sharing Agreements

    Part Four – Joint Venture Business Agreements

14. General Considerations
15. Negotiations
16. Understanding the Concept of Contribution
17. Distinguishing the Many Forms of Joint Venture
18. The Essential Terms
19. Liability and the Choice of Joint Venture
20. Taxation and the Choice of Joint Venture
21. Control of the Joint Venture
22. Remedies for Co-Ownership Default
23. Exit Strategies
24. Management and Administration
25. Distribution of Available Funds
26. Choosing Partnership over Co-Ownership
27. Legal Elements of the Limited Partnership Agreement
28. The Corporation as a Joint Venture Vehicle
29. The Unanimous Shareholders Agreement (the “USA”)
30. Essential Provisions of the Shareholders’ Agreement

31. Commentary on the Control of the Joint Venture

    Part Five – Forms
    Index to Forms

    Index

    About the Author