BarbriSFCourseDetails

Course Details

This CLE webinar will provide an introduction to drafting commercial real estate purchase and sale agreements (PSAs) with a focus on required PSA provisions and drafting considerations from the buyer's and seller's perspectives.

Faculty

Description

Purchasing and selling commercial real estate is a complex process that requires considerable negotiation and thought before drafting the PSA. Once counsel have helped their clients navigate the pre-drafting considerations, as discussed in part 1 of this two-part program, they should understand the key terms to be included in the agreement, beyond the scope of templates and boilerplate language, to best protect their clients' interests and reflect the parties' intent.

Key provisions to be included in the PSA include, among others, due diligence provisions, representations and warranties, covenants and conditions, contingencies, and closing requirements.

Listen as our expert speaker guides counsel through drafting commercial real estate PSAs including key terms and how these may differ based on whether counsel represent the buyer or the seller.

Outline

  1. Introduction
  2. Drafting the PSA
    • Due diligence
    • Deposit and default
    • Representations and warranties
    • Covenants and conditions
    • Contingencies
    • Closing
    • Other terms and considerations
  3. Practitioner takeaways

Benefits

The expert speaker will review these and other key considerations:

  • What provisions are required for commercial real estate PSAs?
  • Which terms may require more negotiation than others?
  • How do the terms vary depending on whether counsel is representing the buyer? The seller?
  • What are the dangers of using boilerplate clauses?