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You Can’t Always Get What You Want: Managing Due Diligence Disclosures in Complex Real Estate Transactions 

10.01.26

Event Sponsor: American College of Real Estate Lawyers

2026 Annual Meeting, Cleveland OH

Jack Fersko, a leader of the firm’s Real Estate practice, will be a panelist for the presentation “You Can’t Always Get What You Want: Managing Due Diligence Disclosures in Complex Real Estate Transactions” at the American College of Real Estate Lawyers (ACREL) 2026 Annual Meeting, which will take place at the Cleveland Downtown Hilton on October 1-4, 2026. 

Large complex real estate transactions often require careful choices regarding what must be disclosed and what should be disclosed.  Influencing these choices is whether sensitive information (such as preliminary reports for environmental and property conditions matters, and internal memoranda, email and text communications pertaining to leasing, financing or construction matters) may properly be withheld, in order to avoid disputes or litigation for fraud or misrepresentation.  

This program will explore how experienced practitioners navigate the inherent tensions that naturally arise during due diligence in complex real estate transactions, always with the goal of balancing transparency with risk management, while enabling transactions to move forward efficiently and responsibly

After introducing the program, Jack will lecture on a number of topics including environmental considerations such as access rights, “as is” provisions, and innocent purchaser considerations, as well as issues related to seller due diligence. 

A longtime ACREL Fellow, Jack currently chairs the Programs Committee. He previously chaired numerous ACREL committees and subcommittees and is a former member of the ACREL Board of Governors. His extensive experience as a commercial real estate and general business lawyer has enabled him to develop a highly analytical perspective on transactions by pinpointing the significant business and legal issues that are critical to a client’s success.  Jack’s legal services emphasize industrial, commercial and retail real estate activities, with a particular concentration on the acquisition, disposition and leasing of industrial properties, development and redevelopment projects, financing, environmentally impacted transactions, landlord-tenant issues, and alternative energy initiatives. 

ACREL is a select national association of leading commercial real estate lawyers. Invitations to fellowship are based upon exceptional legal expertise, high professional standards, and ethical conduct. Founded in 1978, the organization focuses on improving the practice of real estate law, hosting educational conferences, and contributing to public discourse and legal scholarship in the field.