• videocam Live Webinar with Live Q&A
  • calendar_month August 13, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Real Estate - Transactions
  • schedule 90 minutes

Title and Survey Provisions in Commercial Real Estate Sales Contracts: Buyer and Seller Drafting Strategies

About the Course

Introduction

This CLE webinar will examine the importance of comprehensive title and survey provisions in commercial real estate purchase and sale agreements (PSAs). The panel will discuss key negotiation and drafting considerations for buyers and sellers and offer best practices for mitigating client risks.

Description

The title and survey review in the purchase and sale of commercial real estate is a key part of the process to mitigate the risk of potential issues that could arise later, including costly disputes, project delays, or restrictions related to property development. Therefore, boilerplate language should be avoided and careful attention should be given to negotiating and drafting the title and survey provisions in the PSA. 

Key drafting considerations include: (1) identifying the party responsible for paying for and obtaining the title commitment, title company settlement fees, and survey, along with relevant deadlines; (2) defining permitted exceptions; and (3) describing the seller's obligations to cure title defects and buyer's termination rights.

Listen as our authoritative panel examines key issues for buyers and sellers when negotiating and drafting title and survey provisions in PSAs and offers best practices for mitigating client risks. 

Presented By

Daniel P. Meyer
Senior Counsel
Darrow Everett LLP

Mr. Meyer’s practice focuses on all aspects of commercial real estate and business transactions, including mergers and acquisitions, joint ventures and strategic partnerships, equity and debt financings, and the acquisition, development, leasing, management, and disposition of complex commercial real estate assets. He also has extensive experience advising real estate private equity clients with respect to fund inception and capitalization, acquisition, leasing and disposition of portfolio assets, and regulatory and securities compliance needs. In addition, Mr. Meyer represents clients in various industries, including renewable energy, commercial real estate, manufacturing, hospitality, health care, commercial lending and structured finance, technology and software, and retail and service sectors.

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


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, August 13, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Introduction: the importance of comprehensive title and survey provisions

A. Buyer risks

B. Seller risks

II. Title provisions

A. Title commitment

B. Title insurance

C. Permitted exceptions

D. Title company settlement fees

E. Seller's obligation to cure defects

F. Buyer's termination rights

III. Survey provisions

A. ALTA/NSPS survey

B. Timeline

IV. Best practices for negotiating and drafting title and survey provisions

The panel will review these and other important issues:

  • What risks may arise for buyers if title and survey provisions in the PSA are poorly drafted or comprised of boilerplate language? For sellers?
  • What drafting considerations for title and survey provisions are pertinent to buyers? To sellers?