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Commercial Real Estate Contracts: Representations and Warranties

 

Identify the key representations and warranties in a typical commercial real estate purchase and sale agreement.

During the negotiation of commercial purchase agreements there are numerous representations and warranties that can be requested or demanded by the purchaser, seller or both. These representations and warranties are heavily negotiated by the parties prior to execution and the inclusion of one or more of them may have a significant impact on the party’s ability to rescind the purchase agreement or obtain damages. This topic helps the persons responsible for the negotiations of commercial purchase agreements to identify the important representations and warranties and provide the necessary information to determine which are required in various negotiations. This content will also explain the real world implications of the violation of one or more representations or warranties and the possible remedies for these breaches.

Agenda

Faculty

Emily M. Coyle

Emily M. Coyle

Plunkett Cooney, P.C.

  • Member of Plunkett Cooney, P.C.’s Banking, Bankruptcy and Creditor Rights Practice Group
  • Focuses practice primarily on the collection of commercial loans and debts along with loan modifications and workouts
  • Represents a large range of clients in litigation involving commercial debts from national banks to small businesses, and remains active in the Federal Bar Association, American Bankruptcy Institute, and Debtor/Creditor Committee of the Oakland County Bar Association
  • Presented workshops on various collection issues from fraudulent transfer litigation to the benefits of receiverships, and foreclosure law
  • J.D. degree, magna cum laude, Western Michigan University Cooley Law School; B.S. degree, Juniata College
  • Can be contacted at 248-594-8613 or [email protected]
Natalie Bloyer

Natalie Bloyer

Plunkett Cooney, P.C.

  • Member of Plunkett Cooney, P.C.’s Business and Real Estate Transactional and Banking, Bankruptcy and Creditor’s Rights practice groups
  • Focuses practice primarily on commercial real estate transactions, corporate matters and loan workouts and originations
  • Represents regional and national financial institutions as well as corporate clients in a variety of financing, real estate and commercial transactions, including drafting and negotiating real estate purchase and sale agreements and lease agreements on behalf of both landlords and tenants
  • Committee co-chair for the Detroit Chapter of Commercial Real Estate Women and an active member of the Real Property Law Section of the State Bar of Michigan
  • J.D. degree, Loyola University Chicago School of Law; B.A. degree, University of Notre Dame
  • Can be contacted at 248-901-4073 or [email protected]

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