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Pre-Negotiation Agreements Can Protect Lender’s Interests In Commercial Real Estate Loan

A timely and properly drafted “pre-negotiation agreement” should ensure that all discussions or draft agreements exchanged between the parties are neither enforceable prior to final execution of a settlement agreement nor admissible in any court proceeding.

5 minute read December 01, 2025 at 12:11 AM
By
Jeffrey B. Steiner , Scott A. Weinberg and Joel C. Haims
Pre-Negotiation Agreements Can Protect Lender’s Interests In Commercial Real Estate Loan

Representing a lender during the workout of a troubled commercial real estate loan requires an attorney to protect the client from unanticipated consequences and material miscalculations.

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