Where Real Estate Deals Go Wrong: Risk Management in Residential and Commercial Transactions

This program will discuss how risk is identified, allocated, and managed in real estate transactions through the strategic interaction of contractual provisions, insurance coverage, and due diligence investigations. Attendees will explore the unique challenges of both residential and commercial contexts, including post-closing disputes related to property defects, environmental contamination, and title issues. This program will benefit attorneys, real estate professionals, developers, brokers, and investors seeking to reduce financial exposure and the likelihood of post-closing litigation.

Learning Objectives:

1.  Identify common sources of post-closing disputes in residential and commercial transactions, such as undisclosed defects and zoning restrictions
2.  Allocate responsibility effectively using purchase agreement mechanisms, including "as-is" clauses, representations and warranties, and liability caps
3.  Evaluate the role of various insurance tools, such as title insurance, environmental policies, and representation and warranty insurance, in mitigating risk
4.  Conduct comprehensive due diligence investigations, including Phase I environmental assessments and property condition reports, to uncover potential liabilities prior to closing
5.  Integrate due diligence findings into contractual provisions and insurance coverage to ensure a cohesive risk management strategy