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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Wednesday, July 31, 2024

  • schedule Time

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

  • timer Program Length

    90 minutes

Credit Information

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

$347.00
CLE
ALL

This CLE webinar will guide real estate counsel for a buyer or seller in negotiating representations, warranties, and remedies in commercial real estate purchase agreements.

Faculty

Charles H. Royce
Partner
K&L Gates, LLP

Mr. Royce represents clients in the areas of commercial real estate transactions and leasing. His practice includes representing property owners, investors, developers, lenders, and borrowers in the acquisition and disposition of commercial and public properties, drafting and negotiating purchase and sale agreements, and preparing covenants, easements, and financing documents. Mr. Royce also has experience in all aspects of commercial leasing, including office, retail, and industrial leasing and related documentation. 

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Norman R. Newman
Senior Counsel
Taft Stettinius & Hollister LLP

Mr. Newman has represented both local and national developers for all types of real estate development projects, including shopping centers, industrial parks, office buildings, apartment projects and residential subdivisions, and in all phases of such projects, including land acquisition, zoning, leasing, environmental compliance, financing and construction. His experience is in the negotiation and documentation of complex projects. Mr. Newman is the author of numerous articles on commercial real estate-related topics and has lectured on these topics for the Indiana Continuing Legal Education Forum, the International Council of Shopping Centers and other organizations.

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Description

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

Risks may include environmental conditions impacting the property, title and survey issues, zoning concerns, lease and tenant issues, building code violations, and potential condemnation or other proceedings.

Skillfully negotiated representations, warranties, and remedies for breaches can protect the buyer, while the seller's objective is to limit the scope and survival of representations and warranties.

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 best practices for buyers and sellers to identify and allocate risks when closing a real estate deal.

Outline

  1. Current market trends in commercial real estate transactions
  2. Purpose of representations and warranties: allocation of risk
  3. Standard representations and warranties
  4. Property-specific reps and warranties
  5. Deal specific: addressing environmental, title, tenant issues
  6. Remedies
  7. 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 minimize risk when negotiating and drafting representations and warranties provisions?
  • What are the most commonly disputed issues during negotiations, and what are some practical approaches for resolving them?