Warranties & Obligations - commercial leases 2025 - On Demand

Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $185 - Law Society members and Associate members
• $265 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

It is critical for your clients that you understand the differences between warranties and obligations – and the liabilities, responsibilities and remedies associated with each. This module will focus on warranties and obligations in a real estate and commercial lease context with reference also to sale and purchase agreements and the impact of misrepresentations on contracts.

This module will include:

• An examination of what constitutes a warranty and an obligation, and how a warranty differs from an obligation
• An examination of express warranties, implied warranties, and fitness for purpose warranties
• A discussion of warranties, obligations, and misrepresentation in the context of sale and purchase agreements
• A discussion of warranties in an earthquake rating context
• The remedies arising from misrepresentation and breach of warranty and key case examples.

Learning objectives

By completing this module you will:

• Gain a robust understanding of misrepresentation, obligations and warranties, and how they differ.
• Be guided on the remedies arising from breach of contracts.
• Be able to navigate these issues in relation to standard lease and sale and purchase agreements.

Electronic paper 

Author: Stephen Price
Published: 27 March 2025
Pages: 33

Introduction

The strategic and financial ramifications of the warranties and obligations contained in commercial leases and sale and purchase agreements in real estate shape the risk profile of your clients’ businesses, and the rights and liabilities of your clients. In order to provide your clients with robust advice, it is important to understand the difference between warranties and obligations – and the liabilities, responsibilities and remedies associated with each. It is also important to understand the consequences of misrepresentation, and whether and how a misrepresentation, either made intentionally or by mistake, can be treated as a warranty in the context of commercial leases and sale and purchase agreements in real estate.

Letting and securing premises for business is a critical step for landlords and business owners respectively. Landlords are under increasing pressure to successfully leverage the property market to secure favourable terms that will grant them the flexibility to continue to expand and develop their existing investment portfolio. However, now more than ever, tenants are facing major business challenges and reduced cashflow. These tensions will result in an increased focus on allocations of risk, and the contractual terms (and the effect of such).(continued...)

PowerPoint Presentation

These are the slides included in the presentation.