Audio CD + Course Book

Top 7 Most Problematic Parts of Real Estate Purchase and Sale Agreements

Audio CD + Course Book

Copyright Date:

February, 2018

Product ID#:

78369CDRA

Audio + Course Book

Credit Information

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From Event: Top 7 Most Problematic Parts of Real Estate Purchase and Sale Agreements, held February 2018.

Program Description

Leaving important items out of the contract can cause big problems months after the sale goes through. In preparation for this practical, top challenges legal guide, 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 this guide is 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. Order today!

Course Content

  1. Problematic Letters of Intent and Walking Through the Purchase and Sale Agreement (An Overview)
  2. Crafting Tricky Contingency Clauses (w/Real-World Examples)
  3. Top Challenges: Lender Problems and Escrow Difficulties Within the Contract (w/Helpful Tips to Overcome Them)
  4. Parties, Price, Property and Payment Provision Problems (w/Real-World Examples)
  5. Due Diligence Provision Disasters (w/Real-World Examples)
  6. Disclosures, Reps, Warranties and Indemnities - Top Challenges (w/Real-World Examples)
  7. Closing Provisions, Covenants, Remedies, Termination and Breach Troubles (w/Real-World Examples)

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 7.20 NJ 11/03/2018
CLE 7.00 NY * 02/01/2020
CLE 6.00 PA 02/01/2020

* denotes specialty credits

Agenda / Content Covered

  1. Problematic Letters of Intent and Walking Through the Purchase and Sale Agreement (An Overview)
    9:00 - 9:45, Sharon Menchyk
  2. Crafting Tricky Contingency Clauses (w/Real-World Examples)
    9:45 - 10:45, Kenneth J. Yarsky II
    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)
    11:00 -12:00, Jeffrey T. Morris
    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)
    1:00 - 1:45, Kenneth J. Yarsky II
    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)
    1:45 - 2:30, Jeffrey T. Morris
    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)
    2:45 - 3:30, Sharon Menchyk
    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. Closing Provisions, Covenants, Remedies, Termination and Breach Troubles (w/Real-World Examples)
    3:30 - 4:30, Kenneth J. Yarsky II
    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

SHARON MENCHYK is an attorney with Blumling & Gusky, LLP, where her practice focuses primarily on commercial, real estate transactions and employment matters. Ms. Menchyk is admitted to practice law in the Pennsylvania state courts as well as the U.S. District Court for the Western and Middle Districts of Pennsylvania and the U.S. Court of Appeals for the Third Circuit. She is a member of the Allegheny County Bar Association. Ms. Menchyk has utilized her experience with commercial matters to author Pennsylvania Secured Transactions Under Revised Article 9 of the Uniform Commercial Code: Forms and Practice Manual. She graduated, magna cum laude, from the University of Pittsburgh School of Law.

JEFFREY T. MORRIS is a partner with the law firm of Elliott & Davis, PC, where he practices in the areas of zoning; construction; business and commercial litigation matters; representing lenders in state, federal and bankruptcy courts; as well as corporate, transactional, and construction litigation matters. He is a frequent lecturer for the Pennsylvania Bar Institute and the Federal Bar Association on commercial litigation and employment law issues. Mr. Morris is a member of the Pennsylvania, Allegheny (member, Construction Dispute Resolution Group) and American bar associations; as well as the American Arbitration Association (Commercial Arbitration Panel). He also is past vice chair of the Bradford-Wood Borough Planning Commission. Mr. Morris is admitted to practice in Pennsylvania and West Virginia. He earned his B.A. degree, magna cum laude, from the University of Pittsburgh and his J.D. degree, cum laude, from the University of Pittsburgh School of Law.

KENNETH J. YARSKY II is a shareholder and director of Sherrard, German & Kelly, P.C., and chair of the firm's real estate services group. His practice focuses on all aspects of real estate, business and banking, estate planning, estate administration, creditor's rights, civil litigation and title insurance litigation. Mr. Yarsky's real estate practice with developers and lenders includes acquisition, development, construction, finance, leasing and zoning. He is a frequent lecturer on real estate law and related law for the Pennsylvania Bar Institute, the Allegheny County Bar Association, National Business Institute, and various other providers of continuing education for legal, real estate, accounting, banking and insurance professionals. Mr. Yarsky is a member of the Allegheny County, Pennsylvania and American bar associations. He is a past chairman and current council member of the Real Property Section and is on the Landlord-Tenant Advisory Rules Committee, Court of Common Pleas of Allegheny County. Mr. Yarsky earned his B.S. degree from the University of Dayton and his J.D. degree from Duquesne University School of Law.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

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Accreditation Details:

Continuing Legal Education

NJ CLE: 7.20 Credit Approval Exp
11/03/2018
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of alternative format CLE credit. Of these, 0.0 qualify as hours of alternative learning format credit for ethics/professionalism. No more than 12.0 hours of alternative learning format CLE credit may be earned during a reporting period.


NY CLE: 7.00 Credit Approval Exp
02/01/2020
Includes - Areas of Professional Practice: 7.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 7.0 hours can be applied to the Areas of Professional Practice requirement and is approved for experienced attorneys.


PA CLE: 6.00 Credit Approval Exp
02/01/2020
This program has been approved by the Pennsylvania Continuing Legal Education Board. This program may qualify for up to 6.0 hours of distance learning credit, including 6.0 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse distance learning CLE credit. No more than 6.0 hours of distance learning CLE credit may be earned during a reporting period.


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