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

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


Conducted on Thursday, March 8, 2018

Recorded event now available

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Program Materials

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

Description

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 affecting the property, title and survey issues, zoning concerns, building code violations, tenant issues, or pending condemnation proceedings.

Skillfully negotiated representations, warranties and remedies for breaches can provide some protection for the buyer, while the seller’s objective is to limit the scope and survival of reps 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.

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Outline

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

Kiely, Michael
Michael J. Kiely

Partner
DLA Piper

Mr. Kiely's practice spans all areas of real estate, including finance, development and land use. He has extensive...  |  Read More

Regenstreif, Mitchell
Mitchell C. Regenstreif

Partner
DLA Piper

Mr. Regenstreif has extensive experience in real estate, corporate and finance transactions, with particular emphasis...  |  Read More

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