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 guide 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 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?
Faculty
Michael J. Kiely
Partner
Karavas Kiely & Schloss
Mr. Kiely's legal practice spans all areas of real estate, including finance, development and land use. He has... | Read More
Mr. Kiely's legal 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. His practice includes a substantial public/private partnership, or P3, emphasis, including governmental facilities development projects, mixed- use and transit-oriented development projects, and public finance, such as infrastructure financing, New Markets Tax Credits, Low Income Housing Tax Credits, Renewable Energy Tax Credits, Historic Tax Credits, Section 108 loans, Community Development Block Grants, Mello Roos bond financing, and parking, lease and other types of revenue bonds. His practice also deals with prevailing wage issues arising in connection with such projects. He has earned a reputation for being able to pull together the multiple parties, competing government policies, conflicting sets of regulations and different risk profiles that are inherent in large, complex public/private development projects.
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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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