Sample Real Estate Due Diligence and Closing Checklist

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Sample Real Estate Due Diligence and Closing Checklist SUBJECT DUE DILIGENCE CHECKLIST DATE A. Acquisition Matters Execution of Contract of Sale Confirmation of Buyer s delivery of down payment to Escrow Agent (Contract Escrow Agent s deposit of down payment into interest-bearing account (Contract Seller s provision of most recent title insurance policy to Buyer (Contract Buyer s obtaining of and review of an updated Title Commitment for the Property, including endorsements (Contract Seller s provision of most recent survey to Buyer (Contract Buyer s obtaining of an updated Survey (Contract Seller s provision to Buyer of true, correct, and complete copies of all Leases (Contract Seller s provision to Buyer of access to Seller s books and records (Contract Buyer s obtaining of a new environmental report (Contract

SUBJECT DATE Buyer s provision of Termination Notice to Seller by Due Diligence Expiration Date (Contract Buyer s provision of Title and Survey Objection Notice to Seller by Title and Survey Objection Date (Contract Seller s response to Title and Survey Objection Notice (Contract Buyer s notice of termination of Contract due to Seller s failure to cure title and survey matters (Contract Buyer s notice of objection to any matters disclosed in a title continuation report (Contract Buyer s delivery to Seller, prior to Buyer s undertaking of due diligence review, of evidence that Buyer carries adequate insurance (Contract Buyer s return to Seller of all due diligence documents, if Closing does not occur for any reason (Contract ) Seller s preparation of Tenant Estoppels (Contract Seller s delivery of Tenant Estoppels to tenants listed on Rent Roll (Contract Seller s delivery of Tenant Estoppels to Buyer, after completion by tenants (Contract

SUBJECT DATE Seller to cause all utility meters to be read (Contract Apportionment of Transfer Taxes and Other Costs (Contract Buyer to designate in writing Service Contracts to be terminated (Contract Seller to terminate those Service Contracts designated in writing by Buyer(Contract Buyer to confirm zoning compliance, including receipt of zoning letter from zoning authority, if available (Contract Buyer to receive copies of all approvals, including subdivision approvals, certificates of occupancy, zoning variances, special exceptions, and similar documents (Contract Buyer to investigate any code or other violations (Contract Buyer to receive copies of all prior reviews and approvals from architectural committees, if applicable (Contract Seller s delivery of all environmental reports to Buyer (Contract Buyer to investigate whether there are pending tax assessment proceedings (Contract Buyer to investigate whether there are special assessments or other similar obligations to municipalities or

SUBJECT DATE government authorities (Contract Buyer to confirm that Seller maintains adequate property and casualty insurance through the Closing Date (Contract Seller s delivery of tax bills to Buyer (Contract Seller s delivery of non-lease estoppels to Buyer (Contract Buyer s application for Purchase Money Loan (Contract Buyer s notice of termination to Seller due to lack of receipt of commitment for Purchase Money Loan (Contract B. Loan Matters Borrower s delivery of Commitment Fee to Lender (Contract Borrower s delivery of appraisal to Lender (Contract Borrower s delivery of mortgagee s policy of title insurance to Lender (Contract Borrower s delivery of survey to Lender (Contract Borrower s delivery of environmental report to Lender (Contract Borrower s delivery of all acquisition

SUBJECT DATE documents to Lender (Contract Borrower s delivery of building plans and specifications to Lender (Contract Borrower s delivery of an engineering report to Lender (Contract Borrower s delivery of an architect s or engineer s certificate to Lender (Contract Borrower s delivery of all insurance certificates to Lender (Contract Borrower s delivery of a certified rent roll to Lender (Contract Borrower s delivery of all leases to Lender (Contract Borrower s delivery of an update to the certified rent roll to Lender (Contract Borrower s delivery of all estoppel certificates to Lender (Contract Borrower s delivery of the management agreement and all service contracts to the Lender (Contract Borrower s delivery to Lender of evidence of all utility connections (Contract Borrower s delivery of UCC searches to Lender (Contract

SUBJECT DATE Borrower s delivery of other searches of public records to Lender (Contract Borrower s delivery of evidence of its power to borrow to Lender (Contract Borrower s delivery of certified copies of its formation documents and related materials to Lender (Contract Borrower s delivery of all required financial statements to Lender (Contract Borrower s delivery to Lender of all other documents required by Lender (Contract CLOSING CHECKLIST DOCUMENT/ITEM A. Purchase and Sale Documents 1. Closing Documents a. Contract of Sale b. Assignment of Contract of Sale, if any c. Deed (Contract

d. Bill of Sale (Contract e. Assignment of Leases by Seller and Assumption by Buyer (Contract f. FIRPTA Affidavit (Contract g. Seller s Representations Update Certificate (Contract h. Buyer s Representations Update Certificate, if required 2. Other Closing Deliveries a. Delivery of balance of purchase price (Contract b. Delivery of purchase money note and mortgage, if any (Contract c. Payoff from current lender, if any d. Tenant Estoppel Certificates (Contract (1) Required Tenants i. ii. (2) Remaining Tenants

e. Delivery of Service Contract Assignments (Contract f. Seller s delivery of new Certificates of Occupancy (Contract g. Seller s delivery of documents and money adequate to satisfy liens (Contract ) h. Security deposits under the Leases (Contract ) i. Original Letters of Credit held by Seller as security deposits, if any (Contract ) B. Title/Escrow Documents 3. Buyer s Title Commitment (Contract ) 4. Buyer s Pro Forma Title Policy, including endorsements (Contract ) 5. Seller s Affidavit (Contract ) 6. Escrow Instructions (Contract ): a. Buyer b. Seller 7. Survey (Contract ) 8. Other documents/forms required by title company, if any (Contract )

9. Closing Statement (Contract ) 10. Prorations/Adjustments/Taxes (Contract ) a. Rents b. Payments and deposits made by Tenants for real estate taxes c. Real property taxes d. Utilities e. Fuel f. Charges, revenues, and deposits, if any, under Service Contracts not terminated prior to Closing g. All customary items of revenue or expense, including all advance payments to occupy space or use facilities within the Buildings h. Credits representing Leasing Costs 11. Closing Costs/Expenses (Contract ) a. Escrow fees b. Legal fees c. Cost of updates to Survey

d. Cost of Title Commitment and any endorsements to Buyer s title insurance policy e. Due diligence expenses and charges for any engineering reports or appraisals commissioned by Buyer f. Special tax, impact fee, or assessment, if any g. City and state charges to record documents in the Official Records h. Termination fees, if any, arising out of the termination of a Service Contract i. State and local transfer taxes, including grantor s tax and grantee s tax j. Leasing and brokerage costs C. Organizational Documents/Authority 12. Seller s Organizational Documents (Contract ): a. Certified Articles of Organization b. Bylaws c. Incumbency/Restrictions d. Good Standing Certificate 13. Buyer s Organizational Documents

(Contract ): a. Certified Articles of Organization b. Bylaws c. Incumbency/Restrictions d. Good Standing Certificate D. Other Deliveries 14. True and complete originals of all Leases (Contract ) 15. Updated tenant list (Contract ) 16. Letters to existing Tenants notifying them of sale (Contract ) 17. Letters to Service Contractors notifying them of sale (Contract ) 18. Keys (Contract ) 19. Operating manuals; warranties and guarantees; building plans; permits; real estate tax bills; current water, sewer, and utility bills; Service Contracts (to the extent assumed); and copies of operating statements (Contract ) E. Loan Requirements 20. Appraisal (Commitment ) 21. Environmental Report (Commitment )

22. All acquisition documents to Lender (Commitment ) 23. Plans and specifications (Commitment ) 24. Report addressing physical condition of property (Commitment ) 25. All required insurance certificates (Commitment ) 26. Copies of Leases, including all amendments and exhibits (Commitment ) 27. Certified Rent Roll (Commitment ) 28. Tenant Estoppels (Commitment ) 29. Management agreement and all service contracts (Commitment ) 30. Evidence of all utility connections (Commitment ) 31. UCC Searches (Commitment ) 32. Other searches of public records; background and credit reports (Commitment ) 33. Evidence of Borrower s power to borrow (Commitment ) 34. Certified copies of Borrower s formation documents and related materials (Commitment )

35. All required financial statements of Borrower and Guarantors (Commitment )) 36. Borrower s Certificate (Commitment ) 37. Legal Opinion (Commitment ) 38. Inventory of Personal Property (Commitment ) 39. Evidence demonstrating that Borrower is in compliance with money laundering, anti-terrorism, and other similar laws (Commitment ) 40. Written notice of proposed Closing Date (Commitment ) 41. All other documents required by Lender (Commitment ) 42. Borrower s delivery to Lender of its initial escrow deposit of taxes and insurance (Commitment ) 43. Borrower s payment to Lender of all of Lender s closing costs and expenses (Commitment ) 44. Zoning report/zoning opinion, if required 45. Subordination, nondisturbance, and attornment agreements, if required 46. Agreement assigning and subordinating management fees, if required

47. Current tax bills, if required 48. Taxpayer Identification Number Certificate 49. Closing Statement 50. Closing Agenda F. Loan Documents 51. Loan Agreement 52. Promissory Note (Commitment ) 53. Mortgage/Deed of Trust (Commitment ) 54. Security Agreement and Fixture Filing (Commitment ) 55. UCC Financing Statements (Commitment ) 56. Assignment of Leases and Rents (Commitment ) 57. Guarantee (Commitment ) 58. Environmental Indemnity Agreement (Commitment ) 59. Other security documents required by Lender (Commitment ) G. Lender s Title Requirements 60. Title Commitment, with underlying documents (Commitment )

61. Policy of Title Insurance (Commitment ) 62. Survey (Commitment ) 63. Required Endorsements H. Borrower s Requirements 64. Lender s Delivery of Principal Amount to Borrower (Commitment )

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