Office of Communications and Public Relations
August 8, 2011
Law students who are interested in ?Revisiting Commercial Real Estate Remedies in Troubling Times? have the chance to dial in to an ABA CLE course for free later this month.
Wake Forest University Law Professor Tanya Marsh is co-teaching the CLE course for the American Bar Association?s section ?of Real Property and Trust and Estate Law from 1-2:30 p.m. ?(EST) on Wednesday, Aug. 24.? The other instructor is Monica K. Gilroy of Dickenson Gilroy LLC in Alpharetta, Ga.
The course is free to law students who can register for the live webcast at http://ambar.org/RP1RTT. ?The CLE is based on Professor Marsh?s article ?Sometimes Blackacre Is a Widget: Rethinking Commercial Real Estate Contract Remedies,? 88 Neb. L. Rev. 635 (2010).
?According to organizers, the 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;
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- Doctrines and legal principles behind the remedies structures currently in use, including specific contract language examples;
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- Alternative and suggested approaches for provisions warranting a change.
The current economic crisis has created a myriad of legal and business problems for our clients and those they do business with. Some of those problems negatively impact their ability to meet contractual obligations and may lead to defaults on real estate purchase agreements, leases, and financing arrangements. 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.
Current market conditions have changed some aspects of this but not as much as one would think. The root of most commercial litigation in today?s real estate litigation world still relates to simple defaults in commercial real estate transactions and the commercial lending which accompanies the same. During these troubling times, attorneys are well advised to rethink our traditional approach to the remedies provisions generally found in standard commercial real estate contracts.
?For more information, contact Professor Marsh at marshtd@wfu.edu.
Category: Research | Tag: commercial real estate, Tanya Marsh
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