Good Deal Gone Bad

Fasken Martineau Real Estate Group Seminar
November 6, 2008


Hyatt Regency
Georgia Ballroom
655 Burrard Street
Vancouver, BC, Canada

Event participants:

James D. Piers, Ian Cassie, Allison MacInnis, Simon R. Coval, Kibben Jackson

The real estate market in British Columbia is softening. As a result, you may find yourself faced with a buyer or tenant in default or threatening to default. Perhaps you are a buyer or tenant looking to minimize your downstream risk of default. This panel discussion will provide you with legal and practical strategies for today's market.

Agenda items include:

Seller/Buyer

  • What's Enforceable and What Isn't - Avoiding common pitfalls
  • Escaping the Deal – Conditions precedent, closing conditions and rights of rescission
    "Ready, Willing and Able" – What's involved and why it's important
  • Remedies – Who gets the deposit, damages and specific performance

Landlord/Tenant

  • "Bullet Proofing" the Offer and Lease
  • Practical Considerations – Timing of possession, the midnight move
  • Remedies - Distress, termination, guarantees and damages
  • Strategies for Improving the Tenant's Position

Date:          Thursday, November 6, 2008
Time:          7:30 am - 8:00 am l Breakfast and Registration 
                  8:00 am - 9:30 am l Seminar