TELESEMINAR: Drafting Escrow Agreements in Business and Real Estate – A National Perspective
September 24, 2014
12:00 – 1:00 p.m.
1.00 MCLE hours
Escrow agreements are essential to most significant business and real estate transactions. They are mechanisms for allocating risks – whether for non-performance or contingent liabilities – among the parties to the transaction. In business transactions, an investor in a capital funding deal or a buyer in a merger transaction may be unwilling to close the transaction unless funds are held back until certain contingencies fail to materialize. In real estate deals from construction projects to leasing, counter-parties mitigate the risk of non-performance through escrow arrangements. But escrow agreements are fraught with potential conflicts and traps that may give rise to delays in finally closing a transaction. This program will provide you with a practical guide to drafting effective escrow agreements in business and real estate transactions, risk allocation, conflict avoidance and working with escrow agents.
- Drafting and using escrow agreements in business and real estate transactions – practical uses, risk allocation, and key terms
- Essential terms – scope, reps and warranties, money or other property held, instructions to agents, investments
- Escrow in mergers and acquisitions, capital raising, and ordinary business transactions
- Uses in construction and development deals, leasing, and in buying and selling property
- Notice and claim procedures for first-party claimants & mitigating risk of third-party and creditor claims
- Identifying the right escrow agent or title company, and clearing potential conflicts
Peter C. Buck, Robinson, Bradshaw & Hinson, P.A., North Carolina
John S. Hollyfield, Norton Rose Fulbright, Texas
Manuel A. Fernandez, Akerman, LLP, Florida