Due diligence considerations for multi-national/multi-state commercial real estate transactions — with an emphasis on title insurance

Abstract

This paper discusses the due diligence aspects of the purchase of a portfolio of commercial properties located in multiple states and countries in connection with a corporate merger. It is written from the perspective of the in-house real estate counsel of the acquiring company. Items to be discussed include the selection and management of the team of due diligence professionals, eg outside counsel, title insurance company, land surveyor, building inspector and environmental engineer. Particular attention will be paid to the interaction of due diligence team members and to the title insurance aspects of the due diligence process.