Representations and Warranties Insurance in Complex Real Estate Transactions: Emerging Tool to Mitigate Risk and Close Deals

Evaluating When Insurance is Appropriate, Negotiating Coverage and Exclusions

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

Conducted on Thursday, February 25, 2016

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide real estate counsel with a review of representations and warranties insurance coverage and particular real estate transactions in which it is appropriate to use the coverage to mitigate risk and complete transactions. The panel will discuss the potential benefits and traps associated with the insurance and key considerations when negotiating coverage and exclusions.


Although it is commonly associated with mergers and acquisitions and other corporate transactions, representations and warranties insurance is increasingly being used for complex real estate transactions.

Transactions for which representations and warranties insurance may be appropriate involve assets owned by REITS, sale of stock of a REIT or membership interest in an LLC, purchases of U.S. real estate by foreign wealth funds, certain Section 1031 exchanges, property involving tax credits, and property being sold with environmental issues.

Real estate counsel must be aware of the types of transactions that are best suited for representations and warranties insurance, and potential issues that can arise in structuring and negotiating coverage and exclusions.

Listen as our authoritative panel of real estate attorneys reviews the ways representations and warranties insurance can be effectively used in real estate deal negotiations, potential benefits and pitfalls associated with the insurance, and factors to take into account when negotiating coverage and exclusions.



  1. Overview of representations and warranties insurance
    1. Current trends in purchasing the insurance
    2. Benefits and pitfalls
    3. Types of real estate transactions for which representations and warranties insurance would be appropriate
  2. Negotiating coverage and exclusions
  3. Process for obtaining insurance


The panel will review these and other key issues:

  • What are the potential benefits and pitfalls associated with representations and warranties insurance for complex real estate transactions?
  • For what types of real estate transactions would representations and warranties insurance be beneficial?
  • What current trends should counsel be aware of with respect to representations and warranties insurance?
  • What are some of the key issues to consider when negotiating representations and warranties insurance coverage and exclusions?


Dan A. Bailey
Dan A. Bailey

Bailey Cavalieri

Mr. Bailey is a nationally recognized expert regarding directors' and officers' responsibilities, liabilities,...  |  Read More

Lee A. Chilcote
Lee A. Chilcote

Managing Partner
Chilcote Law Firm

Mr. Chilcote's career in law has spanned over 46 years. During his career, he has handled a wide variety of...  |  Read More

Kim Gladney
Kim Gladney

Managing Director
Ambridge Partners

Ms. Gladney has been an underwriter of transactional insurance products, including representations and warranty and tax...  |  Read More

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