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Drafting Guarantees in Real Estate Transactions

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Guarantees undergird most real estate transactions. Lenders, investors and others are often unwilling or unable to finance or otherwise support a real estate transaction without certain substantial guarantees. These guarantees may concern repayment of loan proceeds or performance of other services – construction, maintenance and waste prevention, environmental indemnity, etc.

The scope of guarantees is highly negotiated, particularly whether the guarantee is recourse or non-recourse and the scope of carve-outs from the guarantees.

This program provides a practical guide to negotiating and drafting guarantees in real estate transactions.

  • Types of guarantees – payment, performance, collection, completion
  • Essential elements of a guarantee – consideration, scope, carve-outs, waivers
  • Guarantees for property maintenance/no waste, environmental indemnity and other non-financial concerns
  • Carve-outs – full v. partial, fraud, misappropriation, misapplication, failure to maintain, insurance, and more
  • Guarantees of construction loans

Tuesday, February 23, 2021
1:00–2:00 PM


  • John S. Hollyfield , Norton Rose Fulbright LLP, Houston, TX

February 23, 2021

North Carolina: 1.00 MCLE Hour

See pricing below.