Brad J. Boyd. Senior Counsel
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1 Brad J. Boyd Senior Counsel Brad is Senior Counsel at FMJ, offering strategic and pragmatic legal advice, risk and liability reduction planning, contract analysis and negotiation, and dispute resolution to business clients and individuals alike. His practice includes business and corporate advising with a real estate overlay. He advises companies and individuals that are in the business of real estate (such as real estate brokerage companies, property management companies, real estate investors and those involved in commercial real estate transactions). Brad stresses that real estate and business matters are not arenas in which risk management should be left to chance. Anticipating risk, managing negotiation and contracts to obtain mutually desirable and successful results, and resolving controversy are essential to success in business and real estate transactions. He helps guide his business clients through matters from entity formation to providing ongoing outside counsel services, often by providing advice, issue-spotting and ongoing counsel that are needed to avoid pitfalls and solve problems. This can include advising in connection with risk/benefit analysis of new ventures, managing and improving contracts that the entity depends upon, assisting with policy and procedures, litigation strategy, corporate communication, dispute resolution, or guiding the company in licensing, restructure, sale, or acquisition matters. Brad has extensive volunteer and board-level leadership experience. He also has been quoted by, published in, or interviewed by: Wall Street Journal s Real Estate Journal, Realtor Magazine (from the National Association of Realtors ), the Star Tribune, KARE 11 TV (NBC affiliate), and the Minnesota Association of Realtors Resource magazine. He is a regular instructor for continuing education courses for both attorneys and Realtors, and he serves as a resource for industry groups and associations. He also offers custom-designed in-house training and compliance sessions for real estate brokerage clients. He has co-developed and co-presented courses with the Minnesota Department of Commerce, the FBI, and the US Attorneys Office. Practice Areas: Real Estate General Corporate & Business Unmanned Aircraft Systems
2 Education: University of Minnesota Law School, Minneapolis, MN (JD, 2001) Augustana College, Sioux Falls, SD (BA, cum laude, 1998) State Bar Admissions: State of Minnesota (2001) Professional Memberships and Associations: Minnesota Association of REALTORS, Past Chair of Forms Committee & Governmental Affairs Committee Minnesota Association of REALTORS, Past Member Board of Directors, Executive Committee Minnesota State Bar Association, Member Minnesota Renewable Energy Society, Past Member Board of Directors Honors: Recognized by peers as one of Minnesota s Rising Stars in the legal profession in 2011 and No more than 2.5% of the lawyers in the state receive this recognition. Professional Publications: Marketing Services Agreements Can Be Wolves in Sheep s Clothing, Inman News, December 12, 2014 Sellers: Beware of strangers in your home, KARE 11 TV, August 14, 2013 Commentary: Hunt for Strategic Defaulters Overstated, Realtor Mag, October 2012 Mortgage Assistance Relief Services (MARS) Rule and Required Disclosures, Minnesota Association of Realtors eresource, June 6, 2011 FTC MARS Rule Does Not Apply to All Listing Brokers & Agents, Minnesota Association of Realtors eresource, March 28, 2011 Real Estate Agents Beware of Dangers with Social Media, Minnesota Association of Realtors eresource, February 28, 2011 That s Not My Job, Minnesota Association of Realtors eresource, February 21, 2011 Court: Mortgage Valid Despite Wife s Failure to Sign, Finance & Commerce, February 1, 2010 (Quoted) Proceed Cautiously in Entering the Leasing Market Part II, Minnesota Association of Realtors eresource, December 20, 2010 Proceed Cautiously in Entering the Leasing Market Part I, Minnesota Association of Realtors eresource, November 2, 2010 A Historic House Up for Sale, Piece by Piece, Star Tribune, June 17, 2009 (Quoted) Alert to Rural Area Realtors Re: Wind Energy Development Legal Issues, Minnesota Association of Realtors e- newsletter, March 24, 2009
3 Short Sales, Minnesota Association of Realtors Video Resource, February 24, 2009 Creative Short Sale Programs Opportunity or Liability?, Minnesota Association of Realtors e-newsletter, February 12, 2009 Accepting Offers Subject to Bank Approval and Short Sale Issues, Minnesota Association of Realtors Resource Update, January, 2009 The Bank is Selling a House What Now, Minnesota Association of Realtors Resource Update, March and April, 2008 Fees commissions and More A commission by any other name, Minnesota Association of Realtors Resource Update, February, 2008 When the Deal Goes Bad Default, Breach and Remedies in a Residential Transaction, Minnesota Association of Realtors Resource Update, August, 2007 Avoid Dual Agency Pitfalls, National Association of Realtors REALTOR Magazine, April, 2007 Your Associate Broke the Law!, National Association of Realtors REALTOR Magazine, October, 2006 Safer Structures, National Association of Realtors REALTOR Magazine, April, 2006 Dual Agency Risk vs. Reward, Broker Agent Magazine, December, 2005 A Proof-of-Financing Letter with Teeth Might Give Home Bidders an Advantage, Star Tribune, October 22, 2005 (Quoted) Flat-Fee Brokers, FSBO Offer Options for Sellers, Wall Street Journal s Real Estate Journal (online), May 18, 2004 Buyer s Financial Disclosure Statement, a Possible Solution to the Pre-approval Catastrophe, Minnesota Association of Realtors Resource Magazine, May 2004 Professional Presentations: CE Modules for real estate licensees: Minnesota Disclosure Laws and Financing Issues, Earnest Money, and Trust Accounts ; Instructor for Minnesota Association of Realtors ( ) CE Modules for real estate licensees: Broker Supervisory Obligations and Risk Management ; Instructor for Minnesota Association of Realtors ( ) Keys to Successful Short Sales and Sales of Distressed and Bank-Owned Residential Property, MN CLE (9/18/12) CE Modules for real estate licensees: Contracts and Distressed Properties ; Instructor for Minnesota Association of Realtors ( ) Fraud, Deception and Dishonest Practices, Minnesota Association of Realtors (3/9/12) Avoid Pitfalls by Learning the Answers to the Hottest Questions on the MNAR Legal Hotline, Duluth Area Association of Realtors (3/7/12)
4 CE Modules for real estate licensees: Residential Leasing Instructor for Minnesota Association of Realtors ( ) Avoid Pitfalls by Learning the Answers to the Hottest ; Questions on the MNAR Legal Hotline, Range Association of Realtors (10/20/11) Contract Formation, Contract Breach, and MNAR Forms An Attorney s Insight into Common Mistakes and Misconceptions, with Risk Management Tips and Ideas, Re/Max North Central (10/12/11) Legal Update: Recent Trends and Key Updates in Real Estate Brokerage, West Central Association of Realtors (9/15/11) The Role of Real Estate Agents in the Purchase & Sale of REO, Foreclosure and Short Sales, Minnesota State Bar Association (8/18/11) Broker CE Seminar Broker Risk Management, St. Paul Area Association of Realtors (2011) Spring Forum CE Seminar Perils and Pitfalls of Foreclosure, Re/Max North Central (2011) Agency: Back to the Basics, North Metro Association of Realtors (2011) Risk Management for Real Estate Brokers and Brokerages, Thomsen Nybeck (2011) Legal Issues in a Challenging Market Environment, Realtors Association of Southern Minnesota (2008, 2010) Pitfalls, Fraud and the FBI, St. Paul Area Association of Realtors (2010) MNAR Forms Update with Risk Reduction Tools and Tips, St. Paul Area Association of Realtors (2010) Leadership Summit, Minnesota Association of Realtors (2010) Current Issues/MNAR Forms Update and Key Changes, Re/Max North Central Realty (2010) Broker Management and Risk Reduction Reducing the Size of the Target, St. Paul Area Association of Realtors (2010) Forms as a Tool in the Broker s Risk Management Toolkit, Minnesota Association of Realtors (2010) Perils, Pitfalls and Risk Management in the Foreclosure-Driven Marketplace, Greater Alexandria Association of Realtors (2010) Legal Issues in a Challenging Market Environment, Realtors Association of Southern Minnesota (2010) Perils, Pitfalls and Risk Management in the Foreclosure-Driven Marketplace, Coldwell Banker Burnet (2010) Finding Your Way through the Current Marketplace Maze Commerce Department Concerns and Other Pitfalls, Re/Max Advantage Plus (2010)
5 MNAR Risk Reduction Series: Department of Commerce Rules & Regulations Update, Minnesota Association of REALTORS (2010) Broker/Manager Risk Reduction Toolkit, Re/Max North Central (2010) Foreclosure Challenges and Current Pitfalls, Re/Max North Central (2010) Perils, Pitfalls & Risk Management in the Foreclosure Driven Real Estate Marketplace, Minnesota Association of Realtors (2009) Fill in the Blanks Purchase Agreement and Addenda Disclosure Requirements for Sellers and Agents, Realtors Association of Southern Twin Cities (2009) Forms and Contract Formation A Brief Review to Clear Some Common Misunderstandings, Minnesota Association of Realtors (2009) Risk Management for Agents and Brokers with Hot Legal Issues From the Legal Hotline, Realtors Association of Southern Twin Cities (2009) Legal Issues Unique to Brokers, Realtors Association of Southern Minnesota (2009) Disclosure Requirements for Sellers & Agents, Southern Twin Cities Association of Realtors (2009) Broker Risk Management, Minnesota Association of Realtors (2009) Fill in the Blank A Guide to Understanding the MNAR Purchase Agreement, Minnesota Association of Realtors (2008) Disclosures in Residential Real Estate Transactions, Minnesota Association of Realtors (2008) Legal Issues in a Challenging Market Environment, Greater Lakes Association of Realtors (2008) MNAR Forms Update, Minnesota Association of REALTORS (2006, 2007, 2008) Pitfalls, Concerns and Protection Policies Relating to Agency, Minnesota Association of REALTORS (2005) Practice Philosophy: I strive to offer legal advice that is pragmatic rather than theoretical, by considering market and business dynamics (leverage, impediments, risk) that impact my clients goals. I also understand the contextual analysis a business evaluates, including how risk management and policy decisions impact branding, corporate strategy, and public relations. The Rest of the Story: Brad is an attorney with a strong entrepreneurial background, having formed and operated a real estate company, solo law practice and recently having formed and managed a very successful winter endurance bike race. When away from the office, Brad devotes most of his free time to his family (wife and three children). They particularly enjoy spending time together being active outdoors and taking advantage of Minnesota s seasons by hiking, cycling, skiing and snowshoeing.
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