Avoiding Deal Killers in Real Estate Sale and Purchase Transactions

Structuring Contract Terms to Clear Environmental Hurdles, Land Use Approval Challenges, and Encroachment Issues

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

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Conducted on Tuesday, August 25, 2020

Recorded event now available

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Course Materials

This CLE course 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 offer critical guidance on structuring the transaction to overcome these obstacles and drafting terms of the purchase sale agreement.


Counsel to purchasers and sellers in real estate deals must anticipate and resolve potential deal killers that can derail a transaction. Some 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. Carefully drafting critical terms of the purchase sale agreement is essential to overcoming these obstacles. In addition to the contingency and reps and warranties provisions, counsel should carefully scrutinize boilerplate clauses and tailor them to parties' specific needs.

Listen as our authoritative panel discusses best practices for anticipating and solving potential deal killers arising during the sale or purchase of real estate and offers guidance on structuring contract terms to clear potential hurdles.



  1. Contamination; environmental issues
  2. Zoning, building code, and land use issues
  3. "As is," "your problem not mine" seller
  4. Encroachment
  5. CC&R restrictions
  6. Legal access
  7. Soils or riparian issues
  8. Low basis seller


The panel will review these and other noteworthy 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 practical strategies for dealing with encroachments?
  • What approach is best when dealing with a prohibitive prepayment penalty on an existing mortgage loan?


Anderson, James E
James E. Anderson

DLA Piper

Mr. Anderson concentrates in real estate finance, sales and acquisition; commercial and retail leasing; secured and...  |  Read More

Regenstreif, Mitchell
Mitchell C. Regenstreif

DLA Piper

Mr. Regenstreif has extensive experience in real estate, corporate and finance transactions, with particular emphasis...  |  Read More

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