Real Estate Purchase and Sales: Letters of Intent, Due Diligence, P&S Agreements
Negotiating Reps and Warranties, Conditions Precedent, Closing Conditions, Defaults and Remedies Provisions
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will prepare real estate counsel to negotiate and document a commercial real estate purchase and sales transaction. The panel will discuss preliminary negotiations, letters of intent to expedite and streamline the process, the due diligence required of both the buyer and seller, and key provisions of the purchase and sales agreement.
- Letters of intent
- Advantages and disadvantages
- Duty of good faith and fair dealing
- Binding vs. non-binding terms
- Key terms
- Due diligence
- Title and survey
- Zoning and land use
- Utilities, taxes and insurance
- UCC and tax lien searches
- Tenants and subleases
- Financial review
- Purchase and sale agreement
- Representations and warranties
- Conditions precedent to buyer’s obligation to close
- Defaults and remedies
The panel will review these and other key issues:
- What strategic decisions need to be made to determine how comprehensive an LOI should be?
- What are terms of the LOI that should be made binding?
- What are the common legal issues purchasers should consider when conducting due diligence prior to closing a deal?
- What are current market conditions that affect terms of real estate purchase agreements, particularly seller representations and warranties?
Mitchell C. Regenstreif
Mr. Regenstreif specializes in real estate, corporate and finance transactions, with particular emphasis on purchase... | Read More
Mr. Regenstreif specializes in real estate, corporate and finance transactions, with particular emphasis on purchase and sale, leasing, and financing of various types of properties and businesses. He represents many institutions, including a number of pension funds, entrepreneurs, lenders and borrowers in sophisticated transactions. He is a frequent speaker on leasing, financing, purchase and sale.Close
Todd Evan Stark
Mr. Stark is a partner in the real estate and business practice group, where he specializes in acquisitions,... | Read More
Mr. Stark is a partner in the real estate and business practice group, where he specializes in acquisitions, dispositions, financing, construction and development and formation of joint ventures for all asset types. He also specializes in environmental law, where he has represented real property owners, purchasers and lenders in evaluating, resolving and managing environmental risk.Close