Gain an understanding of representations and warranties and improve your client’s legal risk position.
Representations and warranties are often considered boilerplate provisions and overlooked. The truth is that representations and warranties are the springboard for parties to assert default and seek damages. This course will provide you with a checklist of items to assist you in making accurate and effective suggestions to improve your client’s legal risk position. You will gain the tools you can use with each transaction to be more effective in tailoring appropriate representations and warranties to each of your transactions.
Learning Objectives
- You will be able to define the term representation and warranty.
- You will be able to discuss the nuances of environmental representations and warranties and why they matter.
- You will be able to identify the key principles for the timing of a representation or warranty.
- You will be able to review your strategy for negotiating purchase agreement with greater insight.
- AK CLE 1.0
- AL CLE 1.1
- AR CLE 1.0
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- GA CLE 1.0
- HI CLE 1.0
- IL CLE 1.0
- MO CLE 1.3
- NH MCLE 1.0
- NJ CLE 1.3
- NM CLE 1.0
- NV CLE 1.0
- NY CLE 1.0 including Areas of Professional Practice 1
- PA CLE 1.0
- RI CLE 1.0
- VT CLE 1.0
- WA CLE 1.0
- WI CLE 1.0
- WV MCLE 1.3
- CPE 1.2 including Business Law 1.2
Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website. For more information regarding administrative policies such as complaints and refunds, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 2.0 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Taxes for 2.0 hours. Prerequisite: basic knowledge of taxation. Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for the outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
Agenda
Key Representations and Warranties in Commercial Real Estate Purchase and Sale Contracts- Leases
- Liens
- Environmental Matters
- Service Contracts
- Items the Purchaser Should Negotiate
- Items the Seller Should Negotiate
- Disclosing Exceptions, Discussion of Schedules
- Materiality Requirements
- Knowledge Standards and Limitations
- Other Qualifiers
- Provisions Favorable to Purchaser
- Provisions Favorable to Seller
- Limiting Liability
- Remedies for Breach
- Anti-Sandbagging
Speakers
Mr Benjamin D. LaFrombois,
Partner ,
MG+M The Law Firm- Partner at MG+M The Law Firm
- Advises clients on corporate law and transactions, including mergers and acquisitions, corporate governance, business succession planning, commercial finance, and commercial real estate development
- Has Tier 1 office lease experience and Tiers 1 and 2 retail development experience
- Specifically, has substantial experience with a varied portfolio of warehouse and storage facilities and has led the development of private and public strategic initiatives, including convention center development and regional distribution centers
