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This area covers the warranties and guarantees that accompany commercial property transactions, including seller warranties about title, condition, compliance, and known issues, as well as any indemnities and disclosures that protect the buyer. A solicitor drafts, reviews, and negotiates these promises within contracts for sale, arising during due diligence, and in missives, assisting with remedies if a warranty is breached. Practitioners align warranties with risk allocation, due diligence findings, and any post-completion adjustment or claim processes.
The solicitor identifies defective disclosures, negotiates corrective warranties, and organises indemnities and post-completion claims, drawing on statute and case law to define breaches, remedies, remedies caps, and enforceability.
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