Schedules correspond to individual representations and list known exceptions. Properly scheduled items are excluded from the representation and cannot support an indemnification claim.
Cross-references between schedules are frequently negotiated.
Alternative Names:
Schedules|Seller Disclosure Schedules
Why it Matters?
Whether disclosure on one schedule applies to other representations is a recurring dispute, and agreements without an express cross-reference provision leave the question open. Sellers want disclosure to apply where the relevance is reasonably apparent, while buyers want strict correspondence. Resolving that in the agreement rather than litigating it later is the drafting point, since post-closing disputes turn on whether a known issue was adequately disclosed.
Frequently Confused with
Related terms
Frequently asked questions
Does disclosure on one schedule cover other representations?
Why does it matter?
