Guarantees in Real Estate Transactions

course

COURSE INFO

  • Presentation Date 12/10/2020
  • Next Class Time 10:00 AM PT
  • Duration 60 min.
  • Format Audio Webcast
  • Program Code 12102020
  • MCLE Credits 1 + hours


Course Price: $65.00
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COURSE DESCRIPTION

Guarantees undergird most real estate transactions.  Lenders, investors and others are often unwilling or unable to finance or otherwise support a real estate transaction without certain substantial guarantees.  These guarantees may concern repayment of loan proceeds or performance of other services – construction, maintenance and waste prevention, environmental indemnity, etc.  The scope of guarantees is highly negotiated, particularly whether the guarantee is recourse or non-recourse and the scope of carve-outs from the guarantees. This program will provide you with a practical guide to negotiating and drafting guarantees in real estate transactions. 

  • Types of guarantees – payment, performance, collection, completion
  • Essential elements of a guarantee – consideration, scope, carve-outs, waivers
  • Guarantees for property maintenance/no waste, environmental indemnity and other non-financial concerns
  • Carve-outs – full v. partial, fraud, misappropriation, misapplication, failure to maintain, insurance, and more
  • Guarantees of construction loans

 

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