478.01 Real Estate Transactions and Litigation

Students will be introduced to the core types of real estate transactions practicing attorneys are likely to encounter, with a particular focus on how certain issues and relationships common to such transactions first impact document negotiation and later often lead to disputes and litigation. The course will explore these transaction types through actual case studies to identify and reinforce key business considerations, areas of friction and disagreement, and transactional/litigation strategy. Class meetings will include either a group or individual exercise on transactional drafting, negotiation or litigation strategy on which students will be graded. The course will conclude with a final simulation in which students will be given fact patterns regarding a hypothetical transactional dispute and asked to: (i) “mark-up” and revise select contract provisions from a selection of the various transactional types studied during the course; and (ii) evaluate and analyze the issues most likely for dispute.

Special Notes:

*3 credits*

Spring 2022

Course Number Course Credits Evaluation Method Instructor
Course Credits
Simulated Writing, Transactional
Practical exercises
Class participation
Brian Schwalb, Joe Creech
Sakai site: https://sakai.duke.edu/portal/site/LAW-478-01-Sp22
Email list: LAW-478-01-Sp22@sakai.duke.edu
Degree Requirements
Course Requirements - JD
Course Requirements - JD-LLM-LE
Course Areas of Practice
Course Areas of Practice