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Purchase and Sale Agreement Representations: Who Bears the Risk of Change?

Published in Real Estate Finance Journal
Article | February 3, 2016

This article in the Fall/Winter 2015 edition of the Real Estate Finance Journal examines the allocation of risk between the buyer or seller of real estate for breaches of representations and warranties contained in a purchase and sale agreement that arise during the contract period. It is noted that the risk of changes arising during the contract period, along with the scope of seller's representations and the buyer's remedies, should be thoroughly discussed as a part of purchase and sale agreement negotiations.

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