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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 video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, October 27, 2022

Recorded event now available

or call 1-800-926-7926

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 sellers, and more. The panel will offer critical guidance on structuring the transaction to overcome these obstacles and drafting the terms of the purchase sale agreement.

Description

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.

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Outline

  1. Deposits
  2. Due diligence periods
  3. Entitlements contingencies
  4. Environmental contingencies
  5. Conditions precedent
  6. Representations and warranties
  7. Indemnities
  8. Remedies
  9. Provisions surviving closing
  10. Issues specific to residential transactions

Benefits

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?

Faculty

Tshudy, David
David J. Tshudy
Partner
Troutman Pepper

Mr. Tshudy represents national and regional real estate developers and investors of industrial, energy, health care,...  |  Read More

Wagner, Peter
Peter J. Wagner
Attorney
Cassidy Romano & Love

Mr. Wagner has worked as in-house counsel for lenders and servicers in the mortgage industry and represented consumers...  |  Read More

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