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Commercial Real Estate

Access and Indemnity Agreement (Due Diligence)

Drafting property access and indemnity agreements for due diligence is time-consuming and requires careful attention to liability protection, insurance requirements, and inspection limitations. Attorneys spend hours customizing templates, ensuring proper indemnification language, and coordinating terms with purchase agreements, often under tight transaction deadlines.

Automation ROI

Time savings at a glance

Manual workflow2.5 hoursAverage time your team spends by hand
With CaseMark8 minutesDelivery time with CaseMark automation
EfficiencySave 18.8x time with CaseMark

The Problem

Drafting property access and indemnity agreements for due diligence is time-consuming and requires careful attention to liability protection, insurance requirements, and inspection limitations. Attorneys spend hours customizing templates, ensuring proper indemnification language, and coordinating terms with purchase agreements, often under tight transaction deadlines.

The CaseMark Solution

CaseMark automates the creation of comprehensive property access and indemnity agreements tailored to your transaction. Simply input property details, party information, and inspection parameters, and receive a complete, professionally drafted agreement in minutes with proper liability protections and customizable terms.

Key benefits

How CaseMark automations transform your workflow

Generate complete access agreements in 8 minutes vs. 2.5 hours manually

Comprehensive indemnification and insurance provisions automatically included

Customizable inspection scope with invasive vs. non-invasive testing options

Built-in notice requirements and property restoration obligations

Consistent, professional formatting across all commercial real estate transactions

What you'll receive

Document Header and Title
Party Identification
Recitals (Property, Transaction, Purpose)
Grant of Access Provisions
Permitted Inspections and Limitations
Notice Requirements
Insurance Requirements
Indemnification Clause
Property Restoration Obligations
Confidentiality Provisions
Signature Blocks

Document requirements

Required

  • Property Information
  • Party Information

Optional

  • Purchase Agreement Terms
  • Insurance Requirements
  • Inspection Scope

Perfect for

Commercial Real Estate Attorney
Transactional Lawyer
Real Estate Paralegal
In-House Counsel (Real Estate)
Solo Practitioner (Real Estate)
Corporate Real Estate Team

Also useful for

This workflow is applicable across multiple practice areas and use cases

M&A transactions require property access agreements for buyer due diligence when real estate assets are part of the deal, including facility inspections and environmental assessments.

Asset acquisitions frequently include real property requiring comprehensive due diligence access with indemnification provisions to protect sellers during buyer inspections.

Asset Purchase82% relevant

Asset purchase agreements involving real property or facilities require access agreements for buyers to conduct property inspections, environmental testing, and operational assessments before closing.

Asset purchases commonly include real estate components requiring formal access arrangements with liability protections during the due diligence period.

Environmental Law75% relevant

Environmental assessments and Phase I/II investigations require property access agreements with specific provisions for invasive testing, soil sampling, and hazardous materials inspection.

Environmental due diligence is a critical component of property transactions requiring detailed access agreements that address invasive testing procedures and restoration obligations.

Commercial Leasing72% relevant

Prospective tenants need property access agreements to conduct space assessments, measurements, and condition evaluations before executing commercial lease agreements.

Commercial leasing transactions often require pre-lease property access for tenant improvements planning and due diligence, necessitating indemnification and insurance provisions.

Frequently asked questions

Q

What is a property access and indemnity agreement?

A

A property access and indemnity agreement grants a prospective buyer temporary permission to enter a property for due diligence inspections while protecting the owner from liability. CaseMark generates these agreements with comprehensive indemnification clauses, insurance requirements, and inspection limitations tailored to your transaction.

Q

How long does it take to draft an access and indemnity agreement?

A

Manual drafting typically takes 2-3 hours to customize templates and ensure proper liability protections. CaseMark reduces this to approximately 8 minutes by automating the drafting process while maintaining comprehensive legal protections and customization options.

Q

What insurance requirements should be included in a property access agreement?

A

Access agreements typically require commercial general liability insurance with the property owner named as additional insured. CaseMark automatically includes customizable insurance provisions with appropriate coverage limits and additional insured requirements based on your transaction needs.

Q

Can I limit the types of inspections allowed under the agreement?

A

Yes, access agreements should clearly distinguish between non-invasive testing (Phase I assessments, surveys) and invasive testing (soil borings, groundwater testing). CaseMark includes customizable inspection scope provisions that allow you to specify permitted activities and require prior consent for invasive procedures.

Q

What happens if the buyer damages the property during inspections?

A

The agreement should include restoration obligations requiring the buyer to repair damage and restore the property to its prior condition. CaseMark automatically incorporates property restoration clauses and indemnification provisions to protect owners from inspection-related damages and liabilities.

Q

How much notice should buyers give before entering the property?

A

Notice requirements typically range from 24 to 48 hours depending on the property type and owner preferences. CaseMark allows you to customize notice periods and entry procedures to balance the buyer's due diligence needs with the owner's operational requirements.

Q

Should confidentiality provisions be included in access agreements?

A

Yes, confidentiality clauses protect sensitive property information discovered during inspections. CaseMark automatically includes confidentiality provisions to prevent buyers from disclosing proprietary information about the property, operations, or tenants obtained during due diligence.