See the Structure of real estate finance—overview and the corresponding topic to browse all of our content on the property lawyer's input into real estate related representations, warranties and conditions precedent in the facility agreement.
The key finance document in a real estate finance transaction is the facility agreement which will usually be preceded by a term sheet setting out the key terms of the deal. See Practice Note: Term sheets in lending transactions. From a real estate lawyer's perspective, if instructed by the funder directly, the facility agreement will usually be based on the lender's in-house standard form document which is usually not negotiated or amended and can be completed by the real estate lawyer at the same time as drawdown and execution of the legal charge documents.
The majority of the provisions in a real estate finance facility agreement will be similar to those in a standard facility agreement. The main differences will centre around the conditions precedent, representations and warranties, covenants and events of default as these will be more real
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
The Scottish Government has launched a Stage 2 consultation on proposals to deliver a Scottish equivalent to the Passivhaus standard through Scottish...
HM Land Registry (HMLR) has updated Practice Guide 19—Notices, restrictions and protection of third-party interests and Practice Guide 54—Acquisition...
This week's edition of Property weekly highlights includes: key decisions on compensation for compulsory electricity wayleaves, the construction of an...
HM Land Registry (HMLR) has announced that, from late August 2026, application-related correspondence, including requisitions, letters and notices,...
Guide to drafting or reviewing a certificate of titleCertificate of titleThe City of London Law Society (CLLS) Certificate of title (Certificate) now in its Eighth Edition, is generally accepted as the industry standard form of certificate of title for commercial property transactions in England and
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
0330 161 1234