Remedies Provisions in Commercial Real Estate Sales Contracts

Strategies for Buyers and Sellers Negotiating and Enforcing Default Clauses

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

Conducted on Tuesday, May 31, 2011
Recorded event now available

This CLE webinar will provide guidance to real estate counsel for negotiating and enforcing default and remedies provisions in commercial real estate purchase and sale agreements.


Default and remedies clauses—formerly treated as boilerplate clauses drafted without serious scrutiny or consequence—have become heavily negotiated provisions in commercial real estate purchase contracts. Remedies provisions are also now being tested in disputes regarding failed real estate deals.

Buyers and sellers both run the risk of defaulting on a real estate purchase contract and exposing themselves to a range of potential remedies, including specific performance and financial damages. Thoughtful evaluation of all possible remedies is critical during contract negotiation.

When a contract is breached, the defaulting party and non-defaulting party may encounter legal and practical challenges when trying to enforce their remedies. Counsel must act strategically to maximize recovery for the non-defaulting party or protect the defaulting party against excessive damages.

Listen as our authoritative panel of real estate attorneys provides strategies for buyers' and sellers' counsel negotiating default and remedies provisions in commercial real estate purchase and sale agreements. The panel will discuss the impact of the economic crisis on the negotiation process and offer best practices for counsel to protect their clients' interests during contract negotiation and remedy enforcement.


  1. Current market trends
    1. Trends in failed real estate deals
    2. Trends in commercial real estate purchase negotiations
  2. Default and remedies negotiation and enforcement
    1. When has default occurred?
    2. Common remedies for default
    3. Negotiation considerations and strategies
    4. Enforcement considerations and strategies
    5. Remedies related to Special Purpose Entities


The panel will review these and other key questions:

  • How have current market conditions affected terms of real estate purchase agreements, particularly default and remedies clauses?
  • When is default of a commercial real estate sales contract considered to have occurred? What are the most commonly negotiated remedies for default?
  • What best practices should counsel to buyers and sellers use when negotiating default and remedies clauses?
  • What legal and practical challenges do buyers and sellers counsel face when seeking to enforce default and remedies clauses—and how can they overcome them?


Larry N. Woodard, Shareholder
Robbins Salomon & Patt, Chicago

He has represented Fortune 500 companies, private developers, condominium associations, units of local government, investors, landlords, tenants, private REITs and syndications in the development, financing, leasing, zoning, acquisition or disposal of their real estate interests. He has experience negotiating and documenting a broad range of transactional matters.


CLE On-Demand - Streaming Audio

Includes recorded streaming audio of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Audio $297.00

How does this work?

Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email to place your order.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?


Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

I appreciated that the presenter was well organized and had thoroughly researched the subject matter. I found the materials and presentation informative thought provoking.

Toni Morlas

Kelly Law Registry

The order of the presentation was good and helpful and discussion of key concepts was excellent.

Richard Maloney


The program covered a fair amount of material in a short time period.

Dawn Sharff

Bradley Arant Boult Cummings

The speakers were obviously experienced and communicated the relevant information very well.

Stephen Bozarth

Dean Mead et al

I appreciated that the subject matter of the program was presented in an understandable, concise and organized manner.

Stephen J. Bozarth

Dean Mead et al

or call 1-800-926-7926

Real Estate Law Advisory Board

David A. Barksdale


Ballard Spahr

Jacob Bart


Stroock & Stroock & Lavan

Brian W. Blaesser


Robinson & Cole

Ronald B. Grais


Sugar Felsenthal Grais & Hammer

Ren R. Hayhurst


Bryan Cave

Thomas C. Homburger

Of Counsel

K&L Gates

Susan C. Tarnower


Kilpatrick Townsend & Stockton

Clark T. Thiel


Pillsbury Winthrop Shaw Pittman

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.