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$50.00 (Section of Real Property, Trust and Estate Law) ABA Members, Log in now to receive this discount!
About this Product
PROGRAM INFORMATION
Lenders, servicers and investors have always found themselves in the state, federal and bankruptcy courts, defending aspects of the commercial real estate and lending process. The current market conditions have changed some aspects of this but not as much as one would think. The root of most commercial litigation in todays real estate litigation world still relates to simple defaults in commercial real estate transactions and the commercial lending which accompanies the same.
Compared with previous times, this current climate can be more complicated and the liability of potential defendants murkier. Typically when a contract or commercial lending document falls into default, plaintiffs' lawyers are not shy about rushing to court, suing first and asking questions later. The litigation process and discovery process extracts the documents and evidence necessary to prove the allegations of the claims. Now, the outcome of commercial real estate litigation is often uncertain and even if successful, does not yield the recovery or fruit which it used to. The very complexity of the current economic climate means many real estate participants have not yet begun to sort out their losses or create a path for recovery.
This presentation will explore current trends in commercial real estate litigation and the effectiveness of typical remedies in that arena including:
Remedies provisions in commercial purchase sale agreements in light of the current economy and possible instability in the common law;
Doctrines and legal principles behind the remedies structures currently in use, including specific contract language examples;
Alternative and suggested approaches for provisions warranting a change.
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