10 Tactical Omissions In A Commercial RE Buyer's Contract

Law360, New York (December 23, 2014, 12:51 PM EST) -- When a seller and a buyer agree upon the terms for the sale of a commercial property, the next step is often for the buyer to prepare the first draft of a contract, which embodies those terms, as well as other customary provisions such as representations, warranties, covenants and conditions of closing. After receiving the draft, the seller, its agent and counsel can scrutinize each provision suggested by the buyer. With the contract laid out in front of them, the seller's team can focus on the concepts and language they would like to delete or modify. Somewhat more difficult, however, is for the seller's team to know what is missing from the buyer's draft. That is, what things does a buyer tactically omit from its contract that the seller would want included? Below are 10 provisions that a seller would want in its contract but that a buyer may well not include in its draft....

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