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

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

Conducted on Tuesday, December 1, 2020

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course 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 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.



  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


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 each minimize risk when negotiating and drafting reps and warranties provisions?
  • What are the most commonly disputed issues during negotiations, and what are some practical approaches for resolving them?


Kiely, Michael
Michael J. Kiely

Karavas Kiely & Schloss

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

Regenstreif, Mitchell
Mitchell C. Regenstreif

DLA Piper

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

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