News & Analysis as of

Purchase and Sale Agreements

Vinson & Elkins LLP

Texas Business Court Quarterly Update – Q1 and Q2 2025

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As a part of Vinson & Elkins’ Texas Business Court Quarterly Update, the following update summarizes the Texas Business Court opinions—categorized by primary issue—that have been released since September 1, 2024 through the...more

Goodwin

Maximizing Value in Master-Planned Communities: How to Effectively Negotiate Builder Purchase and Sale Agreements

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The investment strategy historically adopted by investors in the US commercial real estate market has transformed notably in recent years, driven in part by evolving patterns in consumer demand and shifting economic...more

Stark & Stark

Understanding the Right of First Refusal Clause in Real Estate Transactions

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What is a right of first refusal clause in a real estate transaction? A right of first refusal, “ROFR,” may be considered a common clause seen in real estate agreements. But the effects of an ROFR can be quite harmful if...more

Holland & Knight LLP

The Scope of "As-Is" Provisions in Your Vessel's Purchase and Sales Agreement

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An "as-is" provision in a purchase and sale agreement is a key component of said agreement. As such, litigation over the scope of this type of clause is noteworthy. While an ongoing dispute in the U.S. District Court for the...more

Bowditch & Dewey

Sometimes an Offer to Purchase Is just an Offer to Purchase

Bowditch & Dewey on

The question of enforceability of an offer to purchase real estate was addressed by the Massachusetts Appellate Court in McCarthy v. Young, 105 Mass. App. Ct. 203 (2025). In this case, the buyer offered to purchase real...more

International Lawyers Network

Buying and Selling Real Estate in Ukraine (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER UKRAINIAN LAW - І. Types and specifics of real estate in Ukraine - The main types of real estate in Ukraine are the following: • plots of land; • other objects that...more

International Lawyers Network

Buying and Selling Real Estate in Singapore (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SINGAPOREAN LAW - INTRODUCTION - There are two systems of land registration in Singapore: registration under the Registrations of Deeds Act, known as “unregistered land”, and...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Ontario clarifie la clause d’option d’achat

L’affaire récente 1785192 Ontario Inc. v. Ontario H Limited Partnership, 2024 ONCA 775 (l’« affaire Ontario H Limited Partnership ») démontre qu’un acheteur qui omet de payer la totalité du prix d’achat fixé conformément à la...more

International Lawyers Network

Buying and Selling Real Estate in Portugal (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER PORTUGUESE LAW - I. INTRODUCTION - Portugal is an Iberian Peninsula country, bordered by the Atlantic to the west and south and Spain to the north and east. In addition to...more

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Clarifies Option-to-Purchase Clause

The recent case of 1785192 Ontario Inc. v. Ontario H Limited Partnership, 2024 ONCA 775 (Ontario H Limited Partnership) demonstrates that a purchaser who fails to tender the full purchase price required under an...more

International Lawyers Network

Buying and Selling Real Estate in Latvia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER LATVIAN LAW - I. STANDARD FORMS OF AGREEMENT - A. Offer to Purchase sets forth Buyer's offer of price and date for closing. Seller may accept or reject. B. The purchase...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sale of Industrial Facility/Environmental Assessment: Connecticut Court Addresses Whether Seller was Reasonable in Terminating...

The Superior Court of Connecticut (“Court”) in a December 20th Memorandum of Trial Decision (“Memorandum”) addressed an issue arising out of the proposed sale of an industrial facility. See Candor Capital LLC v. Leeder Realty...more

International Lawyers Network

Buying and Selling Real Estate in Hungary (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER HUNGARIAN LAW- 1. Types of real estate transactions - In the Hungarian market, the typical types of real estate transactions can be differentiated as follows. 1.1...more

International Lawyers Network

Buying and Selling Real Estate in Hong Kong (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER HONG KONG LAW - Introduction - Hong Kong is one of the most densely populated cities over the world. Due to historical reasons, almost all lands in Hong Kong are leasehold...more

DarrowEverett LLP

When Silence Is/Isn't Golden in Commercial Real Estate P&S Agreements

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While sellers typically initiate the first drafts of commercial real estate purchase and sale agreements, some larger buyers have the leverage to require use of their own form agreements. Sellers in these situations should be...more

International Lawyers Network

Buying and Selling Real Estate in Florida (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER FLORIDIAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things, price,...more

International Lawyers Network

Buying and Selling Real Estate in Ecuador (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER ECUADOREAN LAW - Real Estate acquisitions typically involve several key stages, ultimately leading to the transfer of ownership. The most common phases include: 1) Initial...more

International Lawyers Network

Buying And Selling Real Estate In Cyprus (Updated)

This guide offers an overview of legal aspects of buying and selling real estate in the requisite jurisdictions. It is meant as an introduction to these marketplaces and does not offer specific legal advice. This information...more

International Lawyers Network

Buying and Selling Real Estate in Colombia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER COLOMBIAN LAW- 1. Standard Forms of Agreements to buy and sell Real Estate: Despite the existence of several types of agreements to implement real estate transactions in...more

A&O Shearman

An almost plane-ful mistake - rectification vs interpretation

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In dealing with a series of intertwined contracts, the English High Court found that the correct interpretation of a contract meant that an airline had had its obligations to make overdue payments terminated but then...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Ontario (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - INTRODUCTION - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates in...more

Mayer Brown

MAC/MAE clauses: English Commercial Court delivers guidance in the context of $1.2 billion mining dispute

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The English High Court has held that a geotechnical event ("GE") at a mine in Brazil did not engage the material adverse effect ("MAE") clause in an SPA, pursuant to which two mines in Brazil were being sold for $1.2...more

A&O Shearman

Mine your own business: English court looks in detail at MAE clauses

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The English High Court has handed down judgment in BM Brazil v Sibanye Stillwater, a case which will be of great interest to all M&A lawyers. It is the first English law case to take a detailed look at how to interpret...more

Schwabe, Williamson & Wyatt PC

OP-ED: Understanding OREF C-501: The Common Template in Oregon

We recommend people engage an attorney to advise on the purchase and sale of commercial real estate. Many deals are completed without such counsel, though. Instead, they may involve a real estate broker who uses an Oregon...more

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