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Representations and Warranties in Commercial Real Estate Sales Contracts: Buyer and Seller Perspectives

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 Tuesday, February 28, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will guide real estate counsel for a buyer or seller in negotiating representations, warranties, and remedies in commercial real estate purchase agreements.


When negotiating and drafting commercial real estate sales contracts, the purchaser and seller must anticipate and mitigate potential risks associated with the deal.

Risks may include environmental conditions impacting the property, title and survey issues, zoning concerns, lease and tenant issues, building code violations, and potential condemnation or other proceedings.

Skillfully negotiated representations, warranties, and remedies for breaches can protect the buyer, while the seller's objective is to limit the scope and survival of representations and warranties.

Listen as our authoritative panel of real estate practitioners provides strategies for buyers' and sellers' counsel negotiating representations and warranties and other key provisions in commercial real estate purchase agreements. The panel will discuss best practices for buyers and sellers to identify and allocate risks when closing a real estate deal.



  1. Current market trends in commercial real estate transactions
  2. Purpose of representations and warranties: allocation of risk
  3. Standard representations and warranties
  4. Property-specific reps and warranties
  5. Deal specific: addressing environmental, title, tenant issues
  6. Remedies
  7. Survival


The panel will review these and other key issues:

  • How have current market conditions impacted the terms of real estate purchase agreements, particularly seller representations, warranties, and remedies?
  • How can the buyer and seller minimize risk when negotiating and drafting representations and warranties provisions?
  • What are the most commonly disputed issues during negotiations, and what are some practical approaches for resolving them?


Newman, Norman
Norman R. Newman

Senior Counsel
Taft Stettinius & Hollister

Mr. Newman has represented both local and national developers for all types of real estate development projects,...  |  Read More

Royce, Charles
Charles H. (Chuck) Royce

K&L Gates

Mr. Royce represents clients in the areas of commercial real estate transactions and leasing. His practice includes...  |  Read More

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