Avoiding Deal Killers in Real Estate Sale and Purchase Transactions

Anticipating and Resolving Environmental Issues, Land Use Approval Problems, Encroachment Issues and More

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, July 17, 2013

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will examine common obstacles to closing real estate deals, including environmental issues, defective or incomplete land use approvals, encroachments, flood issues, underperforming property, low basis seller and more. The panel will explain ways to overcome these obstacles.


Counsel to purchasers and sellers in real estate deals must always anticipate and take steps to resolve potential deal killers that can derail a transaction. A number of factors can cause delay or thwart a closing, including environmental issues, defective land use approvals, encroachments and more.

Sellers should disclose all known problems, and buyers should obtain appropriate contingencies and reps and warranties to protect their interests. Further, counsel to all parties must develop a plan to cure or mitigate problems and prepare to negotiate a price reduction to compensate for the defect if needed.

Listen as our authoritative panel discusses best practices for anticipating and solving potential deal killers arising during the sale or purchase of real estate.



  1. Contamination; environmental issues
  2. Defective or incomplete land use approval
  3. “As is,” “your problem not mine” seller
  4. Encroachment
  5. URM or otherwise seismically challenged property
  6. Use, alterations and redevelopment of existing buildings
  7. CC&R restrictions
  8. Legal access
  9. Soils or riparian issues
  10. Flood, tsunami, storm/wind vulnerability
  11. Prohibitive prepayment penalty
  12. Under-performing property
  13. Low basis seller
  14. Investor gets “cold feet;” needs money to close


The panel will review these and other key questions:

  • What environmental concerns could derail a potential real estate deal and what are some solutions for addressing them?
  • How should buyers and sellers address defective or incomplete land use approvals?
  • What are some effective strategies for dealing with encroachments?
  • What approach has been effective for dealing with a prohibitive prepayment penalty on an existing mortgage loan?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


John C. Pinkstaff
John C. Pinkstaff

Counsel to the Firm
Lane Powell

He has a BS from the University of Oregon and a JD from the University of California Hastings College of the Law. He...  |  Read More

Walter W. McMonies
Walter W. McMonies

Lane Powell

He has a BA from Yale University and a JD from Yale Law School. He has practiced in San Francisco and Portland,...  |  Read More

Robert G. Koury
Robert G. Koury

Lane Powell

He is chair of the firm’s Real Estate and Land Use practice group. He represents clients in all aspects of...  |  Read More

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