BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month October 16, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Real Property - Transactions
  • schedule 90 minutes

Avoiding Deal Killers in Real Estate Sale and Purchase Transactions

Structuring Contract Terms to Clear Environmental Hurdles, Land Use Approval Challenges, and Encroachment Issues

$297.00

This course is $0 with these passes:

CLE
ALL
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Description

Counsel to purchasers and sellers in real estate deals must anticipate and resolve potential deal killers that can derail a transaction. Some factors can cause delay or thwart a closing, including environmental issues, defective land use approvals, encroachments, and more.

Sellers should disclose all known problems, and buyers should obtain appropriate contingencies and reps and warranties to protect their interests. Further, counsel to all parties must develop a plan to cure or mitigate problems and prepare to negotiate a price reduction to compensate for the defect if needed. Carefully drafting critical terms of the purchase sale agreement is essential to overcoming these obstacles. In addition to the contingency and reps and warranties provisions, counsel should carefully scrutinize boilerplate clauses and tailor them to parties' specific needs.

Listen as our authoritative panel discusses best practices for anticipating and solving potential deal killers arising during the sale or purchase of real estate and offers guidance on structuring contract terms to clear potential hurdles.

Presented By

David J. Tshudy
Partner
Troutman Pepper Locke LLP

Mr. Tshudy represents national and regional real estate developers and investors of industrial, energy, health care, retail, and mixed-use projects through the entire real estate development process, including land control and acquisition, zoning, subdivision and land development approvals, construction financing, condominium and reciprocal easement creation, leasing, and disposition. In Mr. Tshudy’s transactional real estate practice, he regularly leads teams through deals involving options, ground leases, purchase and sale agreements, construction loan documents, mortgage enforceability opinion letters, reciprocal easement agreements, utility extension agreements, and joint venture agreements. In his land use practice, he represents and supervises the representation of clients before municipal governments, municipal authorities, planning commissions, and zoning boards to secure rezoning, zoning, and land development permits and approvals.

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Peter J. Wagner
Senior Counsel
Parent: Romano LoManto

Mr. Wagner concentrates on real estate as well as personal financial solutions. He has worked as in-house counsel for lenders and servicers in the mortgage industry and represented consumers in a variety of legal matters for many years.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, October 16, 2025

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Deposits

II. Due diligence periods

III. Entitlements contingencies

IV. Environmental contingencies

V. Conditions precedent

VI. Representations and warranties

VII. Indemnities

VIII. Remedies

IX. Provisions surviving closing

X. Issues specific to residential transactions

The panel will review these and other noteworthy issues:

  • What environmental concerns could derail a potential real estate deal, and what are some solutions for addressing them?
  • How should buyers and sellers address defective or incomplete land use approvals?
  • What are some practical strategies for dealing with encroachments?
  • What approach is best when dealing with a prohibitive prepayment penalty on an existing mortgage loan?