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Improving Real Estate Contracts: Drafting and Structuring Lessons from the Courtroom

2025-09-03 12:00:00

2025-09-03 12:00:00

2 Credits

Litigation lessons for transactional attorneys: anticipate disputes, eliminate ambiguities, and draft clearer real estate contracts.

2025-09-03 12:00:00

Litigation lessons for transactional attorneys: anticipate disputes, eliminate ambiguities, and draft clearer real estate contracts.

2025-09-03 12:00:00

1000+

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1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

Drafting Real Estate Contracts to Avoid Litigation

Participants will learn courtroom-tested strategies for eliminating contractual ambiguities and structuring provisions that withstand legal challenges. These techniques help transactional attorneys anticipate disputes before they arise.

Key topics that will be covered

What will you learn

Attorneys will learn how to anticipate pitfalls, eliminate contractual ambiguities, and advise clients more effectively by drawing from courtroom litigation experience.

What will you gain

Attorneys will gain the ability to identify where disputes arise, mitigate potential risk through clear drafting, and structure real estate documents more effectively.

Clear Drafting
Avoid ambiguous terms that become leverage in litigation and cause years of legal disputes.
Future Scenarios
Plan for exit strategies, death, divorce, disability, bankruptcy, and deadlock provisions.
Dispute Resolution
Draft clear arbitration, mediation, and venue provisions to prevent forum selection fights.
Risk Allocation
Create precise indemnification clauses covering scope, causation, survival periods, and carve-outs.
Warranties
Narrow overly broad representations using knowledge qualifiers, materiality, and time limits.
Due Diligence
Use proper disclosure and buyer’s due diligence as strategic defense tools.

What will you learn

Attorneys will learn how to anticipate pitfalls, eliminate contractual ambiguities, and advise clients more effectively by drawing from courtroom litigation experience.

What will you gain

Attorneys will gain the ability to identify where disputes arise, mitigate potential risk through clear drafting, and structure real estate documents more effectively.

Agenda

Session 1

Clear Drafting to Prevent Contractual Disputes

Session 2

Anticipating Future Scenarios in Contract Planning

Break

Break

Session 3

Clear Risk Allocation Through Indemnification and Warranties

Session 4

Using Disclosures and Due Diligence as Defenses

clock 12:00 pm - 12:30 pm EST

Clear Drafting to Prevent Contractual Disputes

Nathan G. Osborn.

Montgomery Little & Soran, PC

This session explores how ambiguous language in real estate documents becomes weaponized in litigation, covering common pitfalls like undefined locations, vague terms, and contradictory provisions. Attendees will learn the KISS principle for drafting while understanding when purposeful vagueness may actually serve their clients’ interests.

Nathan G. Osborn.

Montgomery Little & Soran, PC

clock 12:30 pm - 1:00 pm EST

Anticipating Future Scenarios in Contract Planning

Nathan G. Osborn.

Montgomery Little & Soran, PC

Learn to draft with foresight by planning for exit strategies, triggering events like death, divorce, disability, and bankruptcy, and handling successor interests. This session also addresses deadlock provisions, dispute resolution clauses, and the critical importance of planning for business growth and relationship breakups.

Nathan G. Osborn.

Montgomery Little & Soran, PC

clock 1:00 pm - 1:10 pm EST

Break

Nathan G. Osborn.

Montgomery Little & Soran, PC

A short intermission allowing attendees to refresh before the remaining sessions.

Nathan G. Osborn.

Montgomery Little & Soran, PC

clock 1:10 pm - 1:40 pm EST

Clear Risk Allocation Through Indemnification and Warranties

Nathan G. Osborn.

Montgomery Little & Soran, PC

Dive into the complexities of indemnification clauses—among the most litigated provisions in commercial contracts—and learn to avoid common drafting errors that lead to expensive disputes. This session also covers representations and warranties, personal guarantees, and force majeure provisions with practical drafting improvements.

Nathan G. Osborn.

Montgomery Little & Soran, PC

clock 1:40 pm - 2:10 pm EST

Using Disclosures and Due Diligence as Defenses

Nathan G. Osborn.

Montgomery Little & Soran, PC

Discover how proper disclosure practices can defeat claims for fraud, breach of contract, and misrepresentation when disputes reach the courtroom. This session examines the ‘you could have figured it out’ defense and demonstrates how buyer’s due diligence becomes a powerful strategic tool for defending sellers.

Nathan G. Osborn.

Montgomery Little & Soran, PC

01 05
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Nathan G. Osborn.

Montgomery Little & Soran, PC

Nathan G. Osborn.

Montgomery Little & Soran, PC

Nate Osborn is an equity shareholder focused on real estate litigation and real estate transactions. He can also be hired as an expert witness in cases involving real estate issues.

Recognition & Leadership

Received the highest 'AV Preeminent' rating from Martindale Hubbell in 2014 and has maintained this rating since then. Recognized as a 'Super Lawyer' in 2025.

Experience

Trial attorney who has tried 62 cases in his career. Licensed to practice in Colorado and Nebraska.

Nathan G. Osborn.

Montgomery Little & Soran, PC

Nate Osborn is an equity shareholder focused on real estate litigation and real estate transactions. He can also be hired as an expert witness in cases involving real estate issues.

Recognition & Leadership

Received the highest 'AV Preeminent' rating from Martindale Hubbell in 2014 and has maintained this rating since then. Recognized as a 'Super Lawyer' in 2025.

Experience

Trial attorney who has tried 62 cases in his career. Licensed to practice in Colorado and Nebraska.

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