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THE EFFECTIVE USE OF REPRESENTATIONS AND WARRANTIES IN COMMERCIAL REAL ESTATE CONTRACTS Edward A. Peterson* Winstead Sechrest & Minick P.C. Dallas, Texas I. Introduction Specific provisions of.

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How to fill out THE EFFECTIVE USE OF REPRESENTATIONS AND Bb - Acrel online

Filling out the THE EFFECTIVE USE OF REPRESENTATIONS AND Bb - Acrel form is essential for effective document management in commercial real estate contracts. This guide provides a step-by-step approach to ensure that users complete the form accurately and efficiently.

Follow the steps to complete the form online.

  1. Click ‘Get Form’ button to obtain the form and open it in your preferred editor.
  2. Carefully read the introductory sections of the form to understand the purpose and significance of each representation and warranty.
  3. Proceed to the 'Status and Authority of Seller' section. Ensure you provide accurate details concerning the seller's legal existence, good standing, and authority to transact.
  4. In the 'No Prohibitions' section, confirm that the seller is not restricted from executing the contract and that it complies with applicable laws.
  5. Fill out the 'Contract Enforceable' section. This will require a confirmation that the contract is valid and enforceable.
  6. Next, verify that no consents are required from third parties for the transaction as asked in the 'No Consents Required' section.
  7. In the 'No Bankruptcy or Insolvency Proceedings' section, affirm there are no active bankruptcy cases against the seller that could affect the contract.
  8. Provide accurate information in the 'Status of Real Property' sections, ensuring that all representations related to ownership, environmental conditions, and physical condition of the property are accurate.
  9. Review the operational representations including tenant leases, maintenance conditions, and any covenants affecting the property.
  10. After thoroughly completing each section, save your changes. You can then download, print, or share the completed form as necessary.

Complete your documents online to ensure all representations and warranties are accurately recorded.

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The representations and warranties allocate risk between the parties and serve as the foundation for an indemnification claim in case of a breach or inaccuracy. A breach or inaccuracy of a representation or warranty can also provide the other party with a right to terminate or refuse to close the transaction.

Under a claim for breach of warranty, damages are usually assessed at the time of the breach. Under a claim for breach of representation, damages are assessed from the date the misrepresentation was made. This is usually an earlier date and so may give rise to a higher level of damages.

The key difference among these words is temporal – past and present for representations; past, present, but mainly future for warranties; and mainly future for covenants.

Every contract between two parties includes representations and warranties. For example, if you decide to go to an auto dealership to buy a car, you would enter this transaction with several representations, such as: The car is actually what the seller represents it to be, in terms of model and make.

Unlike both representations and warranties, covenants don't include statements of fact. Covenants also focus on the future. They aren't concerned about what happened in the past or what is happening in the present. Some covenants are combined with representations.

For example: “The seller represents that his products are made from quality resources (this is the representation that the seller is making) and further warrants that if there is any defect in the product, such products can get exchanged or replaced by sending a notice to the seller within 30 days from the date of the ...

A representation is an assertion as to a fact, true on the date the representation is made, that is given to induce another party to enter into a contract or take some other action. A warranty is a promise of indemnity if the assertion is false.

The representations and warranties allocate risk between the parties and serve as the foundation for an indemnification claim in case of a breach or inaccuracy. A breach or inaccuracy of a representation or warranty can also provide the other party with a right to terminate or refuse to close the transaction.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Privacy Notice
Legal Hub
Content Takedown Policy
Bug Bounty Program
About Us
Help Portal
Legal Resources
Blog
Affiliates
Contact Us
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate WorkFlow
DocHub
Instapage
Social Media
Call us now toll free:
+1 833 426 79 33
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232