Reps and Warranties in Commercial Real Estate Sales Contracts: Buyer and Seller Perspectives
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to real estate counsel—for a buyer or seller—in negotiating representations, warranties and remedies in commercial real estate purchase agreements.
Outline
- Current market trends in commercial real estate transactions
- Purpose of representations and warranties—allocation of risk
- Standard reps and warranties
- Property specific reps and warranties
- Deal specific—addressing environmental, title, tenant issues
- Remedies
- Survival
Benefits
The panel will review these and other key issues:
- How have current market conditions affected terms of real estate purchase agreements, particularly seller representations and warranties?
- How can the buyer and seller each minimize risk when negotiating and drafting reps and warranties provisions?
- What are the most commonly disputed issues during negotiations and what are some effective approaches for resolving them?
Faculty
Michael J. Kiely
Partner
Abram Roy
Mr. Kiely's practice spans all areas of real estate, including finance, development and land use. He has extensive... | Read More
Mr. Kiely's practice spans all areas of real estate, including finance, development and land use. He has extensive experience representing developers, sellers and buyers, investors and promoters, lenders and real estate joint ventures, with a particular emphasis on projects involving the intersection of private real estate development and government. A substantial emphasis of his practice is partnerships, or P3s, including governmental facilities development projects, mixed-use and transit-oriented development projects, and public finance.
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Mitchell C. Regenstreif
Partner
DLA Piper
Mr. Regenstreif has extensive experience in real estate, corporate and finance transactions, with particular emphasis... | Read More
Mr. Regenstreif has extensive experience 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, including the structuring of joint ventures, partnerships and limited liability companies. With his strong financing background, he has a vast knowledge of financings, workouts and restructurings.
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