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Real Estate Institute

Thursday, Nov. 30 and Friday, Dec. 1

The CLE Conference Center
Wanamaker Building, 10th Floor, Suite 1010
Philadelphia PA, 19107
9:00 am to 4:50 pm
12 CLE credits, including 2 Ethics
This program has been approved by the Pennsylvania Insurance Department for 12 hours of continuing education credit.

Join us live for the first time since 2019 at The CLE Conference Center located in the Wanamaker Building!

Now in its 27th year, the Real Estate Institute is the Pennsylvania Bar Institute’s flagship program on real estate law. You have come to rely on it to keep you up to date on all facets of the industry, and this year will be no different.
Catch up on the year's most significant case law, current legislation, practice fundamentals, trends, strategies, and techniques. In addition, get the invaluable electronic reference manual.

Safety first!

The PBA requires that everyone, including speakers and attendees, must be fully vaccinated against COVID-19 to attend live CLE events. In addition, all participants and attendees, regardless of COVID-19 vaccination status, must wear masks except when presenting, eating or drinking.

A person is fully vaccinated after receiving two doses plus a booster of the Pfizer or Moderna vaccines, OR a single dose of the Johnson and Johnson vaccine followed by a booster of the Pfizer or Moderna vaccine. If not yet eligible for a booster, the person must present proof of the original vaccination plus proof of a negative PCR COVID test taken within 72 hours of arrival at the meeting. 

Register Today!

Thursday, November 30

9:00 AM - 9:10 AM

Welcome & Introduction

9:10 AM - 10:10 AM

East & West Rooms

Plenary Session - The Year in Review - Case Law Update - Basic

This session will provide an indispensable summary of the most significant cases and legislative statutes in real estate law over the last year.
Blair H. Granger, Esq., Melissa S. Blanton, Esq., Carl N. Weiner, Esq.

10:10 AM - 10:20 AM

Break

10:20 AM - 11:20 AM

Concurrent Sessions

East Room
Annual Condo/HOA Case Law and Legislative Update - Intermediate

Join us for a review of new laws along with our up-to-the-minute case law update in our interactive hour together. Targeted to attorneys representing developers, associations, purchasers or those who reside in an association. 
Steven L. Sugarman, Esq.
Marshal S. Granor, Esq. 

West Room
Easements - Intermediate
An “easement” has been defined as “an intangible or non-possessory right to use another’s land for a precise and definite purpose not inconsistent with the other’s simultaneous right to use the same property.”  Easements have many purposes and come in many different forms.  Whether the purpose of an easement is to provide access for vehicles, pedestrians or utilities, the means by which those easements are created, and the specific terms provided for in the easement document, form the basis upon which easements are interpreted by our courts.  In this course, we will discuss the creation, interpretation and termination of different types of easements including, but not limited to, express easements, easements appurtenant, easements by implication, easements by necessity and easements by prescription. 
Frank Kosir. Jr., Esq.
Andrew M. Menchyk, Jr., Esq.

PBI Room
Distressed Commercial Real Estate: A Primer on Forbearance, Restructuring and Recovery - Advanced
The presentation analyzes the framework and use of commercial real estate loan modifications, forbearance agreements, deeds in lieu, short sales and other options for loan workouts.  It compares the negotiation strategies of the mortgagor, mortgagee, guarantor, and rescue capital provider. It provides examples of various provisions that the parties in interest would propose to obtain advantages as well as those to achieve compromise. 
Gregory G. Gosfield, Esq., Corinne S. Brennan, Esq. & Alexandra M. Hill, Esq.


11:20 AM - 11:30 AM

Break

11:30 AM - 12:30 PM

Concurrent Sessions

East Room
PAR Agreement of Sale - Basic

The Agreement of Sale from the hindsight of a litigator.  All the secrets and insights not shared before!
James L. Goldsmith, Esq

West Room
The Challenges of Challenging a Zoning Ordinance - Intermediate
Strategies and pitfalls in proceeding with procedural and substantive challenges to zoning ordinances 
Carl N. Weiner, Esq.
Erik M. Hume, Esq.

PBI Room
Plain English for Real-Estate Lawyers: Simple Principles To Achieve Clarity and Please Clients - Intermediate
There are many resources to help lawyers write more clearly.  But most advocates of “plain language” for lawyers have focused on rules of general applicability and have largely overlooked the real-estate lawyer’s unique drafting challenges. This session will resurvey the real-estate drafter’s terrain and illustrate how the best modern “plain language” principles can realistically be applied to ensure that real-estate documents can be understood by the people they affect. 
William J. Maffucci, Esq.

12:30 PM - 1:30 PM

Lunch

Included with your tuition

1:30 PM - 2:30 PM

Concurrent Sessions

East Room
Residential Leases Short & Long Term - Intermediate

Within the slowly evolving world of residential landlord tenant law, pockets of activity have bubbled up in areas such as fair housing (particularly emotional support animals), consumer protection, and government regulation. At the same time, laws are struggling to keep pace with regulatory gaps exposed by culture shifts such as short-term rentals and tiny homes. The presentation will cover updates to the law in these areas as well as cautionary review of provisions regarding long-term leases and handling of abandoned personal property. 
Kelly Ann Mroz, Esq.

West Room
Fair Housing and Unenforceable Deed Restrictions - Ethics - Intermediate 
The PBA is promoting legislation to allow a property owner to repudiate unenforceable racial and religious restrictions recorded against real property. We will review the history of housing discrimination in the US, features of the federal Fair Housing Act (as amended) as well as contrast it to the Pennsylvania Fair Housing Act. The session will conclude with a timely update on the status of PBA’s proposed legislation. 
Marshal S. Granor, Esq.

PBI Room
How ChatGPT May Impact the Future of Real Estate Practice - Ethics - Basic
During the past year we have heard a lot about ChatGPT and AI. During this session we will look into the future together and try to determine how AI will impact the practice of Real Estate law.
Jennifer L. Ellis, Esq.

2:30 PM - 2:40 PM

Break

2:40 PM - 3:40 PM

Concurrent Sessions

East Room
A Mock Zoning Hearing Board Hearing - Intermediate

Our team will provide a presentation on hearing strategies and pitfalls, by performing a “mock” zoning hearing consisting of a zoning hearing board solicitor, the applicants, and objecting party cousel.
Marc D. Jonas, Esq.
Michael E. Peters, Esq.
Zachary A. Sivertsen, Esq.
John P. McShea, Esq.

West Room
Real Estate Assessment - Intermediate
Uniformity challenges in assessment law under the Uniformity Clause of the Pennsylvania Constitution.  After a brief background and introduction to the process for assessment, Uniformity will be examined in two ways.  First,  an examination of the status of a traditional uniformity challenge under Downingtown v. Chester County Bd. of Assessment Appeals, 590 Pa 459, 913 A.2d 194 (2006).  Secondly, an examination on the how uniformity implicates a taxing authorities’ ability to challenge an individual property’s assessment as part of an annual appeal and update on Valley Forge Towers N, LP v. Upper Merion School District, 640 pa 489, 163 A.3rd 962 (2017) and how the case law has developed in its wake.
John K. Fiorillo, Esq.

PBI Room
Eminent Domain - Basic
Eminent Domain is one of the most polarizing subjects in Pennsylvania law. Our state and local governments, public utilities and railroads often rely upon their eminent domain power to acquire lands needed for public improvements. Similarly, landowners and tenants are often upset by these entities’ abilities to take private land, even with just compensation.  In this basic course, we will discuss the procedures for condemning land under the Pennsylvania Eminent Domain, the defenses available to condemnees, the damages to which condemnees are entitled, and the proper means of calculating these damages.
Frank Kosir, Jr., Esq.
Krista M. Kochosky, Esq.


3:40 PM - 3:50 PM

Break

3:50 PM - 4:50 PM

Plenary Session

Selected Ethical Considerations Applicable to Real Estate Transactions – Ethics - Basic
Difficult clients, remote litigation and figuring out your client are will be covered using a hypothetical real estate construction defect case that points out some pitfalls of remote technology, handling clients who drag you across ethical lines and the perils of representing multiple people in the same case.  A second hypothetical will cover the perils of the attorney who serves multiple roles in a real estate sale where disclosure has become even more important because of the Covid induced frenzied real estate market.
Blair H. Granger, Esq.
Jeffrey P. Lewis, Esq.

Friday, December 1

9:00 AM - 9:10 AM

Welcome & Introduction

9:10 AM - 10:10 AM

East & West Rooms

Plenary Session

Philadelphia “State of the Real Estate Market" - Basic
An overview of the current real estate market in the wake of the Covid-19 pandemic.  Discussion will include the impact on office usage; the tracking of short-term and long-term occupancy and the significant impact they have on real estate values; the impact of rising debt costs on office buildings; law firm trends and the utilization of their real estate and the future of downtown Philadelphia and the longer-term impacts on real estate.
Alex Breitmayer, Eric Berkowitz, Esq. and Clint Randall

10:10 AM - 10:20 AM

Break

10:20 AM - 11:20 AM

Concurrent Sessions

East Room
Negotiating a Commercial Agreement of Sale - Intermediate

Using a mock negotiating platform taking both the Buyer and Seller positions, this session examines the elements of a commercial agreement of sale, with drafting tips and examples of provisions customarily included in such agreements primarily from the perspective of the purchaser. The program will include a discussion of contingencies and matters specific to Pennsylvania commercial real estate transactions such as bulk sale and assignment/novation relating to realty transfer tax issues.  The program will include an interactive discussion between the presenters – who are attorneys as well as clients. 
Rosemary J. Loverdi, Esq.
Reed J. Slogoff, Esq.

West Room
What is New in the World of Tax Assessment Appeals? - Basic
This program will provide an update on recent cases affecting real estate tax assessment appeals and will include a discussion on the state of the law regarding taxing district appeals. 
Joan R. Price, Esq.
Mark S. Cappuccio, Esq.

PBI Room
Understanding Virtual Land and Digital Twin Properties - Advanced
Innovation and technology have encroached upon the traditional practice of real estate law. As the world continues to lean toward virtual experiences and Web3, real estate practitioners must prepare for transactions that involve digital assets. In this course, attorneys will learn the technical basics of virtual land and digital twin properties, and how these assets are involved in transactions of “real” land and buildings.
Sherman C. Toppin, Esq.

11:20 AM - 11:30 AM

Break

11:30 AM - 12:30 PM

Concurrent Sessions

East Room
Commercial Evictions and How to Avoid Them - Intermediate

An overview of commercial evictions, from self-help, municipal and district justice court actions, common pleas court actions, and confessions of judgment. Both substantive law and procedures will be discussed.  Practical strategies for drafting leases, and prosecuting and defending evictions, will also be reviewed. 
H. Jeffrey Brahin, Esq.

West Room
Critical Environmental Permits for Real Estate Development - Basic
This presentation will provide an overview of the key environmental permits and approvals that are typically needed for real estate development projects including stormwater, wetlands, and site remediation.  The presentation will also discuss recent trends and hot topics associated with environmental permitting such as environmental justice and PFAS issues (i.e., “forever chemicals”). 
Adam N. Bram, Esq.
Bryan P. Franey, Esq.
Jonathan H. Spergel, Esq.

PBI Room
Real Estate Development Bonus Opportunities in Philadelphia - Intermediate
The City of Philadelphia currently offers zoning bonuses to developers who opt into one of several active programs aimed at benefiting the City’s affordable housing market and the environment. Developers can take advantage of increased allowable density and more relaxed dimensional standards for the proposed projects under these programs. This session will focus on the City’s bonus offerings and walk the audience through a case study to illustrate what these bonuses look like in practice. 
Alan L. Nochumson, Esq.
Alex J. Goldberg, Esq.

12:30 PM - 1:30 PM

Lunch

Included with your tuition

1:30 PM - 2:30 PM

Concurrent Sessions

East Room
How do Electric Vehicles Impact Development and Land Use - Ethics - Basic

As the use of electric vehicles increases, regardless of the rate of growth, there will be a corresponding impact on land use and development. Notably, issues relating to parking, ECSs, and EV battery recycling and disposal must be addressed, not only by municipalities, but also by developers. In August 2021, President Biden signed an Executive Order declaring that up to half of all new cars sold by 2030 must be electric. Given this, plus the fact that numerous vehicle manufacturers have already committed to making only EVs by 2035 or sooner, it is certainly not premature to begin addressing these issues now.
Rocco L. Beltrami, Esq. & John F. Lushis, Esq.

West Room
Paperless on a Penny - Ethics - Intermediate
Rule 1.1 of the Rules of Professional Conduct demands competence. Comment 8 requires lawyers to be “abreast” of benefits and risks associated with relevant technology.  Technology is running and most lawyers are walking, some crawling. This programs focus will be on core competence with technology attorneys should be using every day to securely communicate and collaborate with clients.  Client data protection and client neglect are the number 1 and 2 ethical issues today. Come and get “abreast” of the latest in technology.
James S. Tupitza, Esq.

PBI Room
Structuring Real Estate Joint Ventures: A Path to Profitable Partnerships - Basic
A real estate joint venture is a partnership formed between two or more parties to jointly invest in a real estate project. These parties pool their financial resources, expertise, and skills to undertake a specific project, whether it's developing residential properties, acquiring commercial real estate, or venturing into niche markets like hospitality or industrial properties. Joint ventures offer a way for investors to leverage their combined strengths to achieve mutual goals while spreading the risks and rewards.
In this seminar, attendees will learn about the various considerations and challenges that clients will face when setting up the legal structure to govern a real estate JV, including capital contributions and calls, waterfall distributions and priority of returns, management and control terms, operational expenses, taxes, deadlock resolution, transfer restrictions, exit mechanisms, and defaults and remedies.
Scott M. Rothman, Esq.

2:30 PM - 2:40 PM

Break

2:40 PM - 3:40 PM

Concurrent Sessions

East Room
Work it Out – Dealing with Defaulted Commercial Mortgage Loans - Advanced

This one-hour seminar will discuss the considerations, from Lender and Borrower perspectives, in dealing with defaulted commercial real estate loans.  The discussion will cover forbearances, workouts and restructurings, including strategies to mitigate potential legal risks of lender liability, the use of pre-negotiation agreements, the importance of setting and managing expectations, and the need for effective communication. The discussion will include descriptions and analysis of the various forms that successful workouts typically take, including forbearance, debt service deferral, waiver or modification of covenants, conditions and requirements under the loan documents, new or additional loan term extensions, and discounted payoffs.  The seminar will also present an overview of what borrowers should expect during the workout process, including discussions of the likely process and timing, various other parties that may be involved, and the importance of planning and preparation for both balance sheet loans and CMBS loans. 
Nitya Kumar Goyal, Esq.
Steven G. Kalnoki, Esq.

West Room
Title Insurance – The New 2021 Policies - Basic
An In-Depth analysis of changes in the revised title policy and endorsements approved By the TIRBOP for use in April 2023 (2021 Owner Policy. Loan Policy and various Endorsements). Prior usage was 2006 forms. What coverages exist and replace prior coverages- Expansion of Coverage to Lender and Owner starting in April 2023 in PA.
Kenneth J. Yarsky, Esq.

PBI Room
Navigating Philadelphia Licenses and Inspections Procedures - Basic
This one-hour course will cover navigating a client through Philadelphia’s Licensing and Inspection Department.
Darwin R. Beauvis, Esq.
Elizabeth Baldwin, P.E.

3:40 PM - 3:50 PM

Break

3:50 PM - 4:50 PM

Plenary Session

Risk Management for Real Estate Attorneys - How to Avoid Malpractice and Ethical Problems - Ethics - Basic
This will be an interactive discussion about potential professional liability and ethical problems faced by real estate attorneys, and how best to avoid them. The presenters have represented real estate attorneys in various types of professional liability matters, and the goal of this program will be to discuss both potential risks, and solutions. Particularly in times of economic turbulence, real estate attorneys can face professional liability claims whether those claims have merit or are without merit. Either way, those claims can cost attorneys deductibles on their Lawyer Professional Liability policies. This discussion will focus on how to avoid such claims. 
Paul C. Troy, Esq.

*Room assignments subject to change

Our Planning Team

Melissa S. Blanton, Esq.
Dilworth Paxson LLP 
Philadelphia

Blair H. Granger, Esq.
The Granger Firm
Paoli

Erik M. Hume, Esq.
Saxton & Stump, LLC
Harrisburg


Frank Kosir, Jr., Esq.
Meyer Unkovic & Scott LLP
Pittsburgh

Carl N. Weiner, Esq.
Hamburg Rubin Mullin Maxwell & Lupin PC
Lansdale

Kenneth J. Yarsky II, Esq.
Sherrard German & Kelly, P.C.
Pittsburgh

Faculty

Elizabeth Baldwin, PE
Philadelphia Department of Licenses & Inspections
Philadelphia

Darwin R. Beauvais, Esq.
Obermayer Rebmann Maxwell & Hippel LLP 
Philadelphia

Rocco L. Beltrami, Esq.
Norris McLaughlin P.A. 
Allentown

Eric Berkowitz, Esq.
InterDigital Communications LLC 
Wilmington

H. Jeffrey Brahin, Esq.
Brahin Law Offices
Doylestown

Alex Breitmayer
Jones Lang LaSalle
Philadelphia

Corinne S. Brennan, Esq.
Klehr Harrison Harvey Branzburg LLP 
Philadelphia

Mark S. Cappuccio, Esq.
Eastburn and Gray PC 
Blue Bell

Jennifer L. Ellis, Esq.
Jennifer Ellis JD, LLC
Bala Cynwyd

John K Fiorillo, Esq.
Unruh Turner Burke & Frees 
West Chester

Bryan P. Franey, Esq.
Manko Gold Katcher & Fox LLP
Bala Cynwyd

Alex J. Goldberg, Esq.
Nochumson PC
Philadelphia

James L. Goldsmith, Esq.
Mette, Evans & Woodside
Harrisburg

Gregory G. Gosfield, Esq.
Klehr Harrison Harvey Branzburg LLP 
Philadelphia

Nitya Kumar Goyal, Esq.
Dechert LLP (Phila)
Philadelphia

Marshal S. Granor, Esq.
Granor & Granor, PC
Horsham

Alexandra M. Hill, Esq.
Klehr Harrison Harvey Branzburg LLP 
Philadelphia

Marc D. Jonas, Esq.
Eastburn and Gray PC 
Blue Bell

Steven G. Kalnoki, Esq.
Dechert LLP
Philadelphia

Krista M. Kochosky, Esq.
The Lynch Law Group
Cranberry Township

Jeffrey P. Lewis, Esq.
Eckert Seamans Cherin & Mellott, LLC
Philadelphia

Rosemary J. Loverdi, Esq.
Dilworth Paxson LLP 
Philadelphia

John F. Lushis, Jr., Esq.
Norris McLaughlin P.A. 
Allentown

William J. Maffucci, Esq.
Semanoff Ormsby Greenberg & Torchia, LLC
Huntingdon Valley

John P. McShea, IV, Esq.
Eastburn and Gray PC 
Doylestown

Andrew M. Menchyk, Jr., Esq.
Stepanian & Menchyk LLP
Butler

Kelly Ann Mroz, Esq.
The Pennsylvania State University
State College

Alan L. Nochumson, Esq.
Nochumson PC
Philadelphia

Michael E. Peters, Esq.
Eastburn and Gray PC
Doylestown

Joan Righter Price, Esq.
Eastburn and Gray PC 
Blue Bell

Clint Randall 
Jones Lang LaSalle 
Philadelphia

Scott M. Rothman, Esq.
Halberstadt Curley LLC
Conshohocken

Zachary A. Sivertsen, Esq.
Eastburn and Gray PC 
Blue Bell

Reed J. Slogoff, Esq.
Pearl Properties
Philadelphia

Jonathan H. Spergel, Esq.
Manko Gold Katcher & Fox LLP
Bala Cynwyd

Steven L. Sugarman, Esq.
Gawthrop Greenwood, PC 
Berwyn

Sherman C. Toppin, Esq.
Toppin Law, P.C.
Philadelphia

Paul C. Troy, Esq.
Kane Pugh Knoell Troy & Kramer, LLP
Norristown

James S. Tupitza, Esq.
Tupitza & Associates, P.C.
West Chester

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