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Drafting Reps and Warranties in Real Estate Acquisitions & Projects (Teleseminar)
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Drafting Reps and Warranties in Real Estate Acquisitions & Projects (Teleseminar)

1 CLE hour

10/20/2015
When: 10/20/2015
1:00 PM to 2:00 PM
Contact: (404) 521-0781


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An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.

 
Drafting Reps and Warranties in Real Estate Acquisitions & Projects - 1 CLE hour
 

Underlying virtually every real estate transaction are extensive representations and warranties, generally from the seller to the buyer, or lessor to lessee about certain essential matters that cannot be independently verified.  The contractual provisions ensure that the basic assumptions of the parties – that the property is in a certain condition, there is no threatened litigation and are no binding third-party contracts, no ADA or environmental violations, etc. – are in fact true; and if they are not true, the party in the position to know the truth or falsity of the facts is liable for damages.  These provisions are essential to every real estate transaction.  This program will provide you with a real-world guide to drafting and negotiating reps and warranties in commercial real estate transactions. 

Reps and warranties in commercial real estate transactions 
Types of reps and warranties – condition of property, personal property, rent rolls, regulatory compliance, third-party contracts , environmental 
Why and how reps and warranties are used – and when they do not work
Standards for making reps and warranties – actual knowledge v. belief
Survival, breaches, remedies, and measure of damages 
Techniques to ensure timely/cost-effective payments 
Seller’s right and/or obligation to update representations

Speakers:

John S. Hollyfield
is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP.  He has more than 40 years’ experience in real estate law practice.  He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute.  He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law.  He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont.  He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition.  Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years.  He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference.  Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute.  Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.

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