BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, July 9, 2019

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

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


  • Live Online


    On Demand

$347.00

This course is $0 with these passes:

CLE
ALL

This CLE course will discuss liquidated damages in real estate purchase and sale agreements, focusing primarily on commercial real estate purchase contracts that give the seller the right to the buyer's deposit as liquidated damages if the buyer breaches its obligation to purchase. The panel will address liquidated damages in a purchase and sale agreement (PSA) as both the exclusive and non-exclusive remedy, federal and state statutes that apply to these provisions, and practical negotiating and drafting considerations.

Faculty

D. Keith B. Dunnagan
Managing Shareholder
BPE Law Group

Mr. Dunnagan’s clients largely consist of investors, developers, businesses, and professional services providers with business interests involving commercial and residential real estate, financing, and corporate entities. As the managing transactional attorney for the firm, his practice focuses on the routine business transactions of his clients involving business formations, corporate governance, financing, and real estate transactions. As a leading authority on real estate and finance matters, Mr. Dunnagan is regularly retained as a consultant or expert when property and financing issues overlap in litigation matters.

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Ren R. Hayhurst
Founder
Ren RH Legal Consultants

Mr. Hayhurst’s professional life has focused for over 30 years on all aspects of lender and borrower representation, including real estate and commercial loan documentation, real estate loan workouts and foreclosure, receivership and loan/guaranty enforcement litigation.

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Description

When a buyer breaches a real estate PSA and does not go through with the purchase, the seller often avails itself of the ever-present liquidated damages clause. But the courts’ interpretations and applications of these provisions vary widely from jurisdiction to jurisdiction.

Many courts have held that optional liquidated damages provisions are enforceable and let the seller choose its remedy.

And because the enforceability of these provisions differs from state to state, informed real estate practitioners must carefully consider jurisdictional and choice-of-law issues.

Listen as our authoritative panel of seasoned real estate transactional attorneys discusses liquidated damages in a PSA as both an exclusive or non-exclusive remedy, highlights federal and state statutes addressing these clauses, and provides practical guidance when negotiating and drafting a PSA.

Outline

  1. Liquidated damages as a non-exclusive remedy
  2. Applicable statutes addressing liquidated damages clauses
  3. Drafting enforceable liquidated damages clauses
  4. Misc. considerations and practical strategies

Benefits

The panel will review these and other key issues:

  • How have courts in different jurisdictions interpreted and applied liquidated damages clauses?
  • What federal and state laws apply to liquidated damages clauses?
  • What are best practices for negotiating and drafting liquidated damages clauses?