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  1. Courses
  2. Guarantees in Real Estate T...
  3. Guarantees in Real Estate T...

    Guarantees in Real Estate Transactions

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    Description

    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

    Contributors

    • John S. Hollyfield

      John S. Hollyfield is of counsel and a former partner in the Houston office Norton Rose Fulbright, LLP. He has more than 40 years' experience in real estate law practice. He formerly served as chair of the ABA Real Property, Probate and Trust Law Section, president of the American College of Real Estate Lawyers, and chair of the Anglo-American Real Property Institute. He has been named a "Texas Super Lawyer" in Real Estate Law by Texas Monthly magazine and is listed in Who’s Who in American Law. He is co-editor of Modern Banking and Lending Forms (4th Edition), published by Warren, Gorham & Lamont. He received his B.B.A. from the University of Texas and his LL.B. from the University of Texas School of Law.

      Click here for more information about John.

    December 20, 2022
    Tue 1:00 PM EST

    Duration 1H 0M

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