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CE Real Estate Law Transactions

The course equips licensed attorneys with advanced real‑estate transaction skills, covering purchase agreements, title examination, closing procedures, mortgage financing, and land‑use encumbrances, enabling effective representation of buyers, sellers, lenders, and tenants.

Who Should Take This

It is designed for practicing real‑estate lawyers—both boutique and in‑house counsel—who have a JD and bar admission and seek to deepen their expertise in residential and commercial transactions. Ideal participants aim to sharpen drafting, negotiation, and closing skills to better serve clients across financing and land‑use matters.

What's Included in AccelaStudy® AI

Adaptive Knowledge Graph

Practice Questions

Lesson Modules

Console Simulator Labs

Exam Tips & Strategy

20 Activity Formats

Course Outline

62 learning goals

1 Purchase Agreements and Contract Formation

2 topics

Purchase agreement essentials

Recognize the essential elements of a real estate purchase agreement including identification of parties, property description, purchase price, and closing date.
Comprehend the common contingencies in purchase agreements including financing, inspection, appraisal, title, and sale-of-existing-home contingencies.
Analyze a purchase agreement to identify ambiguous terms, missing provisions, and contingency deficiencies that could expose the client to legal risk.
Synthesize a purchase agreement review checklist addressing legal sufficiency, contingency protections, disclosure compliance, and closing timeline requirements.

Seller disclosures and representations

Recognize the statutory and common-law disclosure obligations of sellers including material defects, environmental hazards, and property condition disclosures.
Analyze a seller disclosure scenario to determine whether the disclosure is legally adequate and identify potential liability for nondisclosure or misrepresentation.
Comprehend the lead-based paint disclosure requirements under federal law and the consequences of non-compliance for residential property transactions.

2 Title Examination and Title Insurance

2 topics

Title search and examination

Recognize the components of a title search including chain of title, recorded liens, judgments, easements, and encumbrances that affect marketable title.
Comprehend the difference between marketable title, insurable title, and record title and their implications for real estate transactions.
Analyze a title search report to identify defects, encumbrances, and exceptions that must be resolved before closing.
Recognize the role of recording statutes — race, notice, and race-notice — in determining priority among competing interests in real property.

Title insurance

Comprehend the difference between owner's and lender's title insurance policies including coverage scope, standard exceptions, and the duty to defend.
Recognize the standard exceptions and exclusions in title insurance policies and the process for obtaining endorsements that modify standard coverage.
Analyze a title insurance commitment to determine coverage adequacy, identify objectionable exceptions, and recommend endorsements for client protection.

3 Closing Procedures and Settlement

2 topics

Closing process and documentation

Recognize the documents required at closing including deeds, affidavits, transfer tax declarations, settlement statements, and lender documents.
Comprehend the TRID requirements under TILA-RESPA including the Loan Estimate, Closing Disclosure, timing rules, and tolerance thresholds.
Analyze a closing disclosure for accuracy including loan terms, closing costs, prorations, and credits to identify discrepancies requiring resolution.
Synthesize a closing checklist addressing document preparation, fund verification, proration calculations, recording requirements, and post-closing obligations.

Escrow and settlement procedures

Comprehend the role of escrow agents in real estate transactions including fiduciary duties, disbursement conditions, and earnest money deposit handling.
Analyze an escrow dispute scenario to determine the escrow agent's obligations regarding earnest money and identify the proper resolution procedure.
Recognize the attorney's ethical obligations when serving as escrow agent or closing agent including conflict of interest considerations and dual representation.

4 Mortgage Law and Financing

2 topics

Mortgage instruments and lender rights

Recognize the legal distinction between a mortgage and a deed of trust and the implications for foreclosure procedures in lien theory versus title theory states.
Comprehend the promissory note terms including interest calculation, adjustable rate mechanisms, prepayment penalties, and acceleration clauses.
Analyze a mortgage foreclosure scenario to determine whether judicial or non-judicial foreclosure applies and identify borrower defenses and redemption rights.
Synthesize a mortgage document review checklist for borrower representation addressing note terms, deed of trust provisions, escrow requirements, and default triggers.

Mortgage regulation and consumer protection

Comprehend the ability-to-repay and qualified mortgage requirements under Dodd-Frank and their impact on residential mortgage lending.
Recognize the loss mitigation requirements under RESPA Regulation X including dual tracking prohibitions, modification review timelines, and borrower appeal rights.
Analyze a mortgage servicing scenario to determine whether the servicer has complied with RESPA loss mitigation requirements and identify borrower remedies.

5 Easements, Covenants, and Land Use

2 topics

Easements and servitudes

Recognize the types of easements including express, implied, prescriptive, and easements by necessity and the elements required to establish each.
Comprehend the scope, duration, and termination of easements including abandonment, merger, release, and changed conditions doctrine.
Analyze an easement dispute to determine whether a valid easement exists, its scope, and whether it has been extinguished or expanded beyond its original purpose.
Synthesize a strategy for resolving an easement dispute that considers litigation alternatives including negotiation, boundary adjustment, and conservation easement conversion.

Zoning and land use regulation

Recognize the types of zoning classifications including residential, commercial, industrial, and mixed-use and the variance and special exception procedures.
Comprehend the legal standards for zoning variances including practical difficulty, unnecessary hardship, and the distinction between use and area variances.
Analyze a land use scenario to determine zoning compliance, identify available relief mechanisms, and assess the likelihood of obtaining a variance or rezoning.
Comprehend the constitutional limitations on zoning including regulatory takings, substantive due process, and equal protection challenges.

6 Landlord-Tenant Law

2 topics

Residential landlord-tenant rights

Recognize the implied warranty of habitability, covenant of quiet enjoyment, and the landlord's duty to maintain premises in compliance with building and housing codes.
Comprehend the eviction process including notice requirements, grounds for eviction, summary proceedings, and tenant defenses including retaliatory eviction.
Analyze a landlord-tenant dispute to determine whether the landlord has breached the implied warranty of habitability and identify available tenant remedies.
Recognize the security deposit regulations including maximum amounts, permissible deductions, itemization requirements, and return timelines under state law.
Synthesize a residential lease agreement addressing rent terms, maintenance responsibilities, termination provisions, and compliance with applicable landlord-tenant statutes.

Commercial leases

Comprehend the key provisions of commercial lease agreements including rent escalation clauses, CAM charges, operating expense pass-throughs, and tenant improvement allowances.
Analyze a commercial lease to identify provisions favoring landlord or tenant, assess risk allocation, and recommend protective modifications.
Synthesize a commercial lease negotiation strategy addressing use restrictions, exclusivity clauses, assignment and subletting rights, and default remedies.

7 Deed Types and Property Transfer

2 topics

Deed classification and requirements

Recognize the types of deeds including general warranty, special warranty, quitclaim, and bargain and sale deeds and the covenants of title each provides.
Comprehend the formal requirements for a valid deed including grantor identification, grantee designation, words of conveyance, property description, and delivery.
Analyze a deed to determine whether it effectively conveys title and identify deficiencies that could render the conveyance voidable or void.

Property descriptions and surveys

Recognize the three methods of property description — metes and bounds, government survey, and lot and block — and their application in different jurisdictions.
Analyze a property description discrepancy between a deed and survey to determine which controls and identify steps to resolve the ambiguity.

8 1031 Exchanges and Tax-Deferred Transactions

1 topic

Section 1031 like-kind exchange requirements

Recognize the requirements for a tax-deferred Section 1031 like-kind exchange including qualified property, identification deadlines, and exchange period timelines.
Comprehend the role of qualified intermediaries, the restrictions on constructive receipt, and the safe harbor provisions for delayed exchanges.
Analyze a proposed 1031 exchange to determine qualification, identify potential boot, and assess compliance with identification and exchange period rules.
Recognize the reverse exchange and improvement exchange structures and their additional requirements under Revenue Procedure 2000-37.
Synthesize a client advisory memorandum evaluating whether a proposed real estate disposition qualifies for 1031 exchange treatment and outlining compliance steps.

9 Environmental Issues in Real Estate

1 topic

Environmental liability and due diligence

Recognize the CERCLA liability framework including strict, joint and several liability for current and former owners and operators of contaminated property.
Comprehend the Phase I and Phase II environmental site assessment process and the innocent landowner, bona fide prospective purchaser, and contiguous property owner defenses.
Analyze a commercial property acquisition to determine environmental liability risk and recommend appropriate due diligence and contractual protections.
Synthesize an environmental due diligence protocol for real estate acquisitions addressing Phase I/II assessments, contractual indemnities, insurance, and regulatory compliance.

10 Real Estate Ethics and Practice Management

1 topic

Ethical issues in real estate practice

Recognize the conflicts of interest that arise in dual representation of buyers and sellers and the disclosure and consent requirements under Model Rule 1.7.
Comprehend the ethical obligations when handling earnest money deposits, settlement funds, and real estate escrow accounts under trust account rules.
Analyze an ethical dilemma in a real estate closing involving competing interests, undisclosed defects, or improper fee arrangements.
Synthesize ethical guidelines for a real estate practice addressing client identification, scope of representation, dual agency risks, and trust account management.

Scope

Included Topics

Purchase agreements including essential elements, contingencies, seller disclosures, and contract formation.
Title examination including chain of title, recording statutes, marketable title, and title defect resolution.
Closing procedures including settlement statements, TRID compliance, document preparation, and post-closing obligations.
Mortgage law including mortgage instruments, foreclosure, loss mitigation, and consumer protection regulations.
Easements, covenants, and servitudes including creation, scope, termination, and enforcement.
Zoning and land use regulation including classifications, variances, rezoning, and constitutional limitations.
Landlord-tenant law including residential and commercial leases, eviction, implied warranty of habitability, and security deposits.
Deed types and property transfer including warranty deeds, quitclaim deeds, formal requirements, and property descriptions.
1031 like-kind exchanges including qualification requirements, timing rules, qualified intermediaries, and boot.
Environmental issues including CERCLA liability, Phase I/II assessments, and innocent landowner defenses.
Title insurance including owner's and lender's policies, standard exceptions, and endorsements.
Escrow procedures and attorney ethical obligations in real estate transactions.

Not Covered

Real estate broker licensing, commission disputes, and real estate agent regulations.
Detailed construction law, mechanic's liens, and building code compliance beyond their intersection with real estate transactions.
Real estate investment trusts (REITs), securitization, and complex commercial real estate finance.
Eminent domain and condemnation proceedings beyond their relationship to property rights.
Detailed tax planning and accounting for real estate beyond 1031 exchanges and basic transaction tax implications.

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