This article posted on our partner site Mondaq.com notes that the duty of good faith previously existed in the context of commercial real estate transactions. But the article is most useful because it highlights key aspects of commercial real estate matters that were not addressed in Bhasin such as caveat emptor (“buyer beware”), the right of first refusal, and letter of intent but then attempts to illustrate how the ruling in Bhasin would potentially impact these areas.

 

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