The 'Representations, Warranties and Covenants' Triumverate

Many retail leases contain provisions in which a party to the lease "represents, warrants and covenants" to some proposition. These three terms are often used together, as if the drafter were hoping to cover all bases by the belts-and-suspenders approach. It is quite possible, however, that many attorneys are not sure what bases they actually need to cover, so they throw in all the words just in case.

20 minute read May 02, 2015 at 12:00 AM
By
M. Rosie Rees And David A. Schubert
The 'Representations, Warranties and Covenants' Triumverate

Many retail leases contain provisions in which a party to the lease “represents, warrants and covenants” to some proposition. These three terms are often used together, as if the drafter were hoping to cover all bases by the belts-and-suspenders approach.

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