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