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ARTICLE · 17 NOVEMBER 2015

Dirty Estoppel Martinis

McCarthy Tétrault
McCarthy Tétrault
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A dirty estoppel is much like a Dirty Martini, except it packs a much bigger hangover if not properly digested.

CanadaReal Estate and Construction

A dirty estoppel is much like a Dirty Martini, except it packs a much bigger hangover if not properly digested.

On almost all major commercial real estate transactions today, a buyer will get few if any representations on the leases other than a statement that all of them have been delivered as well as a rent roll.

Instead the buyer will seek comfort on the estoppels to be delivered by the tenants (the figurative horse's mouth) who in theory are making representations directly to the buyer and their lender and implicitly releasing vendor from past claims (enhanced by having the estoppel addressed to the vendor as well).

In Disneyland one would get clean estoppels from all tenants portraying an Elysium of happy tenants.

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