Real estate representations, warranties and CPs in finance documents

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.

Key provisions in real estate finance facility agreements

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

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