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We Asked - You Told us What the Stickiest Parts are That You Face!

Leaving important items out of the contract can cause big problems months after the sale goes through. In preparation for this practical, top challenges course, savvy real estate professionals across the nation were asked what they consider to be the top stickiest items they've had to resolve over the last few years in a purchase and sale agreement. The responses were compiled and now experienced faculty are ready to take you through the list of problematic items most often encountered and increasingly litigated. You'll take away best practices and real-life examples so that you can protect your clients and keep them out of trouble. Register today!

  • Anticipate problems and resolve issues that may arise, including environmental and legal compliance matters.
  • Gain an intimate understanding of the contract's most problematic parts so you can confidently draft modifications while preserving enforceability.
  • Strategically draft due diligence provisions within the purchase and sale agreement.
  • Confidently craft contingency clauses and avoid complexities.
  • Prevent minor discrepancies from killing major real estate deals by learning key negotiation techniques for discussing the most challenging parts of the contract.
  • Avoid going to court: get insider tips on problematic contract dispute resolution provisions.
  • Educate your clients on what risky representations and liabilities they are signing onto and what mechanisms are in place to protect them.
  • Study difficult disclosure and contingency requirements for real estate transactions.
  • Discuss sticky circumstances, including when a realtor should avoid holding escrow money or when it would be appropriate to have a separate escrow agent agreement.

  1. Problematic Letters of Intent and Walking Through the Purchase and Sale Agreement (An Overview)
    9:00 - 9:30, Bryant Parker and Austin Parker
  2. Crafting Tricky Contingency Clauses (w/Real-World Examples)
    9:30 - 10:30, Bryant Parker and Austin Parker
    1. Zoning and Land Use Contingency Clauses
    2. Inspection and Financing Contingency Challenges
    3. Detailed and Thorough Title and Survey Contingency Clauses
    4. Environmental Conditions Contingency Problems
    5. Complications with Contingency Deadlines
  3. Top Challenges: Lender Problems and Escrow Difficulties Within the Contract (w/Helpful Tips to Overcome Them)
    10:45 - 11:15, Bryant Parker and Austin Parker
    1. Difficulties When Working with the Lender
    2. Surviving Escrow/Earnest Money Provision Problems
    3. Sticky Terms and Conditions
    4. How to Handle Real-Life Issues
  4. Parties, Price, Property and Payment Provision Problems (w/Real-World Examples)
    11:15 - 11:45, Timothy Laycock
    1. Problems with Properly Identifying the Parties
    2. Confidently Negotiating a Price - Overcoming Sticking Points
    3. Defining the Property - Problems That Can Occur
    4. Problems to Avoid Regarding Payment
    5. Allocation of Cost Complications (w/Helpful Tips)
  5. Due Diligence Provision Disasters (w/Real-World Examples)
    11:45 - 12:15, Anthony L. Gosserand
    1. Problematic Due Diligence Provisions That Can Turn Ugly
    2. Sticky Terms and Conditions
    3. The Feasibility Period - What Not to do
    4. Addressing Environmental Hazards and Testing in the Contract
  6. Disclosures, Reps, Warranties and Indemnities - Top Challenges (w/Real-World Examples)
    1:15 - 2:15, Anthony L. Gosserand
    1. Top Disclosure Problems in Real Estate Purchase and Sale Agreements
    2. Negotiating Reps and Warranties - Top Challenges
    3. Top Oversights Attorneys Make Regarding Indemnities
  7. Personal Property Problems Within the Contract (w/Real-World Examples)
    2:15 - 2:45, Timothy Laycock
    1. Sticky Terms and Conditions
    2. What if the Lender Asks to Remove Personal Property Items from the Contract?
    3. Assigning the Personal Property a Value
    4. Addressing Permanently Attached Fixtures - Problems to Avoid
    5. What Else Can Go Wrong? Other Problems with Personal Property
  8. Closing Provisions, Covenants, Remedies, Termination and Breach Troubles (w/Real-World Examples)
    2:45 - 3:15, Timothy Laycock
    1. Sticky Provisions, Terms and/or Conditions
    2. Confusion Regarding Drafting Covenant Clauses
    3. Top Challenges When Negotiating Remedies
    4. Termination Troubles to Avoid
    5. Breach of the Purchase and Sale Agreement
  9. Legal Ethics for Lawyers Engaged In Real Estate Transactions
    3:30 - 4:30, Anthony L. Gosserand
    1. Unauthorized Practice of Law
    2. Multiple Representation
    3. Attorneys' Fees
    4. Conflicts of Interest
    5. Protecting Confidentiality

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