Modifications to the AIR Purchase Agreement (Part 3)

After you sell a property, do you want to ensure that the buyer does not make a claim against you?  Part 3 of this series discusses the most effective modifications Sellers make to the AIR purchase agreement to avoid (or limit) post-Closing claims by Buyers. “Cap” on Liability: Many custom purchase agreements will include a [...]

By | 2018-01-31T21:08:02+00:00 February 4th, 2016|Purchases/Sales|2 Comments

Think Twice Before You Click “Send” – AIR Allows Notices By E-mail

Could a quick e-mail from a Buyer’s broker to a Seller’s broker stating “Buyer finds the environmental report unacceptable” accidentally terminate a purchase and sale agreement? Could an e-mail from a tenant's broker to a landlord's broker stating "tenant is going to exercise the option” be an unintentional exercise of an AIR option to extend [...]

By | 2018-02-19T15:24:53+00:00 December 15th, 2015|Leasing, Purchases/Sales|0 Comments

Modifications to the AIR Purchase Agreement (Part 2)

In Part 1 of Modifications to the AIR Purchase Agreement, I discussed four areas of the AIR purchase agreement that Sellers frequently modify. Part 2 focuses on perhaps the greatest area of liability to Seller after the Closing – Seller’s 12 representations and warranties that it makes to Buyer. Paragraph 12.1 of the AIR purchase [...]

By | 2018-01-31T21:12:13+00:00 June 16th, 2015|Purchases/Sales|6 Comments

Modifications to the AIR Purchase Agreement (Part 1)

In a prior article, I addressed the issue of Should You Use the AIR Purchase And Sale Agreement? Some sellers believe that the AIR purchase agreement does not contain protections afforded sellers in custom agreements. It is correct that a custom agreement drafted by a seller’s attorney will typically favor Seller more than the AIR [...]

By | 2018-01-31T21:13:15+00:00 June 3rd, 2015|Purchases/Sales|6 Comments

Should You Use the AIR Purchase And Sale Agreement?

Generally, yes. The AIR purchase and sale agreement form is well-drafted and does not substantially favor either the buyer or the seller. As a result, it is frequently used for the purchase of real estate in California. There are many advantages to using the AIR purchase and sale agreement. Brokers, lawyers, buyers, and sellers are [...]

By | 2018-01-31T21:13:56+00:00 May 28th, 2015|Purchases/Sales|6 Comments