March 09, 2020 Articles

Boilerplate Pitfalls in Real Estate Contracts and How Courts Interpret Boilerplate Provisions

The importance of careful review cannot be overstated.

By Gregory D. Call, Michelle D. Gambino, Howard K. Jeruchimowitz, Marianne L. Simonini, and Paul F. Stibbe

Blind use of boilerplate in real estate contracts can result in costly litigation in which judges and jurors lacking first-hand knowledge of the parties’ contractual intentions decide the fate of your case based on provisions that were inadequately considered or negotiated during contract drafting. This article explores the pitfalls of boilerplate provisions to which even the most sophisticated parties and attorneys routinely fall victim and how courts will interpret such provisions.

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