Shareholders William T. Stuart and Garrett A. Soberalski spoke at the 2021 Annual Conference for the Association of Corporate Counsel Wisconsin. Presenting under the title of “There Is No Silver Bullet: What Seller Protective Provisions in Purchase and Sale Contracts for Real Estate Really Mean,”, Bill and Garrett focused their discussion on the types of post-closing claims buyers typically raise against sellers in commercial real estate transactions when things do not go as planned after closing (e.g., breach of contract, breach of warranty, misrepresentation, deceptive advertising, property damage caused by crime and broker’s failure to disclose). They then discussed the impacts of “As-Is, Where-Is” clauses in commercial real estate contracts on these types of typical post-closing claims and drafting considerations for such clauses in commercial real estate contracts. Their presentation included a discussion of the types of protections provided by “As-Is, Where-Is” clauses, but even more importantly the types of protections that such “As-Is, Where-Is” clauses do not provide.
Bill and Garrett have a wide range of experience representing both sellers and buyers in commercial real estate transactions. If you have any questions about any provisions in any real estate purchase and sale contract, please contact William Stuart or Garrett Soberalski at 414-273-1300.