Lisa Atlas Genecov and Peter Bogdanow Discuss the Use of Representations and Warranties Insurance

Representation and warranty insurance has transformed the business of buying and selling companies. Traditionally, a seller of a business was required to escrow a substantial portion of their purchase price to cover the buyer for problems that arise after the closing. If you were a private equity fund, you want to take the purchase price and distribute it to your investors. If you were an individual or corporate seller, you want to move on with your lives as well. With rep and warranty insurance, the seller can take most of their money off the table and leave the buyer with a nominal, if any, escrow to cover matters before the policy’s deductible has been met.