Liquidated Damages in Real Estate Purchase and Sale Agreements: Maximizing Client Recovery and Reducing Risk
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will discuss liquidated damages in real estate purchase and sale agreements, focusing primarily on commercial real estate purchase contracts that give the seller the right to the buyer's deposit as liquidated damages if the buyer breaches its obligation to purchase. The panel will address liquidated damages in a purchase and sale agreement (PSA) as both the exclusive and non-exclusive remedy, federal and state statutes that apply to these provisions, and practical negotiating and drafting considerations.
- Liquidated damages as a non-exclusive remedy
- Applicable statutes addressing liquidated damages clauses
- Drafting enforceable liquidated damages clauses
- Misc. considerations and practical strategies
The panel will review these and other key issues:
- How have courts in different jurisdictions interpreted and applied liquidated damages clauses?
- What federal and state laws apply to liquidated damages clauses?
- What are best practices for negotiating and drafting liquidated damages clauses?
Keith B. Dunnagan
BPE Law Group
Mr. Dunnagan’s clients largely consist of investors, developers, businesses, and professional services providers... | Read More
Mr. Dunnagan’s clients largely consist of investors, developers, businesses, and professional services providers with business interests involving commercial and residential real estate, financing, and corporate entities. As the managing transactional attorney for the firm, his practice focuses on the routine business transactions of his clients involving business formations, corporate governance, financing, and real estate transactions. As a leading authority on real estate and finance matters, Mr. Dunnagan is regularly retained as a consultant or expert when property and financing issues overlap in litigation matters.Close
Ren R. Hayhurst
Ren RH Legal Consultants
Mr. Hayhurst’s professional life has focused for over 30 years on all aspects of lender and borrower... | Read More
Mr. Hayhurst’s professional life has focused for over 30 years on all aspects of lender and borrower representation, including real estate and commercial loan documentation, real estate loan workouts and foreclosure, receivership and loan/guaranty enforcement litigation.Close