The book explores all of the thought processes, skills and disciplines that a lawyer employs when representing the developer of a commercial real estate project. The book adopts a practical, skill-oriented approach in examining the role that the real estate development lawyer plays at each of the following ten stages of the development of a commercial real estate project: 1. Gaining control of the project site; 2. Securing governmental approvals and incentives; 3. Forming and capitalizing the project entity; 4. Closing the land acquisition; 5. Obtaining construction financing; 6. Designing and constructing the project; 7. Negotiating the project lease; 8. Executing an interim exit strategy; 9. Operating the project; and 10. Selling the project. The purpose of the book is to introduce law students and young lawyers to the real world issues that lawyers face every day when they strive to help their developer clients achieve their business objectives.

Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 08/16/2017
Related Subject(s): Property

Richard C. Daley, Ohio State University College of Law


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Description of Principal Changes Made to First Edition of Real Estate Development Law

  • Updates to reflect changes in the law and practice approaches since 2011 (with special attention paid to changes triggered by the Recession of 2008 and the subsequent economic recovery).
  • Additions/revisions to reflect “best teaching practices” gleaned from the author’s teaching of a course on Real Estate Development Law for the last ten years at the Moritz College of Law at The Ohio State University.
  • Addition of new sections covering the following topics:
    • Crowdfunding;
    • Mezzanine debt;
    • Build-to-suit leases;
    • Open-book pricing for single-tenant lease projects;
    • Portfolio joint ventures;
    • Reform proposals for governmental incentives;
    • E-closings;
    • Limited liability partnerships and limited liability limited partnerships;
    • EB-5 immigration program;
    • New Market Tax Credit;
    • Dodd-Frank Wall Street Reform and Consumer Protection Act;
    • Basel III Rule; and
    • Credit Risk Retention Rule.

Learn more about this series.