Understand how to draft and critique "as is" clauses in purchase agreements, and how to evaluate whether they are enforceable.
Many real estate sellers and buyers do not realize the protections a well-drafted "as is" clause in a purchase agreement provides to a seller, or the hazards it entails for a buyer. State laws are in flux as to the extent to which a seller must disclose adverse conditions on real property being sold, which raises questions as to the extent to which "as is" clauses are advisable and enforceable. This topic helps buyers and sellers of real property understand how to draft and critique "as is" clauses in purchase agreements, and how to evaluate whether they are enforceable and suggests effective ways to enforce "as is" clauses. If a seller fails to include a well-drafted "as is" clause in a purchase agreement, or if a buyer fails to reject over-reaching or inappropriate "as is" clauses, the parties to the sale may incur unexpected liability or fail to receive the benefits they expected from the sale.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
What Is an "As Is" Clause?
Warranties Typically Given in Purchase Agreements
- Authority
- Condition of Property
- Pending Litigation and Proceedings
- Other
Limitations on Seller's Ability to Restrict Warranties as to Condition of Property
- State Law Disclosure Restrictions on Sellers
- State Law Disclosure Restrictions on Brokers
- Other
Drafting "As Is" Clauses
Enforcing "As Is" Clauses
- Contractual Claims
- Fraud Claims
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on February 25, 2019.
Call 1-866-352-9540 for further credit information.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Gretta C. Spendlove
Dentons Durham Jones Pinegar P.C.
- Shareholder with Dentons Durham Jones Pinegar P.C.
- Practice emphasizes commercial real estate, corporate law, business transactions, and trademarks
- Conducts regular seminars and workshops in fields of real estate contracts, land use and title law, easements and boundary disputes, commercial financing and leasing, and use of LLCs for real estate development
- Member, CCIM, NAIOP, CREW, ULI, ACG
- J.D. degree, University of Arizona
- Can be contacted at 801-415-3000 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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