Real Estate Purchase and Sales: Letters of Intent, Due Diligence, P&S Agreements

Description

LOIs are a key tool for keeping the deal in place as negotiations proceed. Accurately setting out agreements to key deal terms will expedite the negotiations and avoid contentious disputes, making the client’s transaction more efficient and less costly. Counsel must be careful to draft expressions of binding terms very carefully, keeping in mind the factors that courts look at in determining whether there is an indication of the parties’ intent to bind.

When negotiating and drafting commercial real estate sales transactions, the purchaser and seller must anticipate and take steps to mitigate potential risks associated with the deal. Proper due diligence pre-closing can save the parties significant money and time later.

Representations and warranties are intended to supplement a buyer’s diligence investigations—not replace them. Key issues to consider are the subject of the representations, standards, limitation and survival post-closing.

Listen as our authoritative panel of real estate practitioners provides strategies for buyers’ and sellers’ counsel negotiating commercial real estate purchase and sales transactions. The panel will then discuss how to draft key provisions of the P&S agreement, including representations and warranties, conditions precedent, closing conditions, defaults, and remedies.