American Bar Association



The mission of this Committee is to provide support and guidance for lawyers who render third party legal opinions in real estate secured transactions and for lawyers who represent clients that receive such legal opinions. Pursuant thereto, this Committee is involved with all aspects of legal opinions in real estate transactions. The Committee, on its own and in conjunction with other committees and groups, prepares reports, presents educational programs, and monitors cases and other developments in order to work toward consistent opinion practice throughout the country.

Projects and Programs

The Committee's projects are designed to assist the real estate bar in opinion practice. The Committee, in conjunction with Attorneys' Opinions Committee of the American College of Real Estate Attorneys (ACREL) and the Legal Opinions Committee of the American College of Mortgage Attorneys (ACMA), concluded the Real Estate Finance Opinion Report of 2012. A copy of the Report is posted below on this page under Current Project and Publications. The Committee will present a discussion about the 2012 Report at the RPTE Symposia in Washington, D.C. at 8:30 a.m. on Thursday, May 2.

The Committee is now working on a project with ACREL and ACMA on local counsel opinions. Please submit any thoughts that you may have on this subject to Ed Levin at

Under the leadership of Charlie Menges, our Committee vice chair, we have a subcommittee on opinions to governmental agencies and entities. If you are interested in participating on this subcommittee, please contact Charlie at

Previously, the Committee worked with the ACREL Attorneys' Opinions Committee to prepare several publications, links to all of which are available on this page. These include (a) the Report on Adaptation of the Legal Opinion Accord of the Section of Business Law of the American Bar Association for Real Estate Secured Transactions, (b) the Inclusive Real Estate Secured Transaction Opinion, and (c) the Real Estate Opinion Letter Guidelines. A recently concluded project of the Committee, on which the Committee also collaborated with the ACREL Attorneys' Opinions Committee, was to respond to, and to generate changes in, a proposed Statement on the Role of Customary Practice in the Preparation and Understanding of Third-Party Legal Opinions. At the conclusion of the project our Committee approved the Customary Practice Statement. (A copy of the approved form of the Customary Practice Statement may be found by following the links on this web page.)

The Real Estate Financing Group will have a call on January 15, 2014 about Enforceability Opinions and their Qualifications. More information about that call and materials relating to it are on the Real Estate Financing Group webpage.

Subcommittee on Opinions to Federal Agencies  (click [+] for listing)

 Sub Committees

List Serv

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In order to access the listserve archive, please click here. Please note that you will need to create a new password, separate from your regular ABA password, in order to use this archive.




Menges, Charles


Kochanski, David

Committee Roster  

Modified by Adam Bielawski on July 1, 2014

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