Avoiding Deal Killers in Real Estate Sale and Purchase Transactions
Structuring Contract Terms to Clear Environmental Hurdles, Land Use Approval Challenges, and Encroachment Issues
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will examine common obstacles to closing real estate deals, including environmental issues, defective or incomplete land use approvals, encroachments, flood issues, underperforming property, low basis sellers, and more. The panel will offer critical guidance on structuring the transaction to overcome these obstacles and drafting the terms of the purchase sale agreement.
Outline
- Deposits
- Due diligence periods
- Entitlements contingencies
- Environmental contingencies
- Conditions precedent
- Representations and warranties
- Indemnities
- Remedies
- Provisions surviving closing
- Issues specific to residential transactions
Benefits
The panel will review these and other noteworthy questions:
- 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?
Faculty
David J. Tshudy
Partner
Troutman Pepper
Mr. Tshudy represents national and regional real estate developers and investors of industrial, energy, health care,... | Read More
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.
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Peter J. Wagner
Attorney
Cassidy Romano & Love
Mr. Wagner has worked as in-house counsel for lenders and servicers in the mortgage industry and represented consumers... | Read More
Mr. Wagner 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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