Structuring Representations and Warranties in Commercial Real Estate Sales Contracts

Strategies for Buyers and Sellers Negotiating Agreements of Sale

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

Conducted on Thursday, February 6, 2014

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to real estate counsel for negotiating representations and warranties and other key provisions in commercial real estate purchase agreements.

Description

When negotiating and drafting commercial real estate sales contracts, the purchaser and seller must anticipate and take steps to mitigate potential risks associated with the deal.

Risks may include environmental conditions affecting the property, title and survey issues, zoning concerns, building code violations, or pending condemnation proceedings.

Representations, warranties and remedies afforded to buyers for breaches that are skillfully negotiated in the real estate purchase agreement, although not favored by sellers, can provide adequate protection for buyers.

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 the impact of the economic crisis on the negotiation process and best practices for buyers and sellers to identify and allocate risks when closing a real estate deal.

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Outline

  1. Current and emerging market trends
    1. Negotiating a commercial real estate purchase
    2. Financing a real estate deal
  2. Legal issues involved with purchasing commercial real estate
    1. Due diligence
    2. Representations and warranties, including their survival post-closing
    3. Documentation
    4. Title issues

Benefits

The panel will review these and other key questions:

  • 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 representations and warranties provisions?
  • What are the most commonly disputed issues during real estate purchase negotiations and what are some effective approaches for resolving them?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Mitchell C. Regenstreif
Mitchell C. Regenstreif
Founding Partner
Liner LLP

Mr. Regenstreif specializes in real estate, corporate and finance transactions, with particular emphasis on purchase...  |  Read More

Todd Evan Stark
Todd Evan Stark
Partner
Liner LLP

Mr. Stark is a partner in the real estate and business practice group, where he specializes in acquisitions,...  |  Read More

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