Our Practices
Our attorneys bring experience in both real estate transactions and property disputes.
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Our Practices
Real Property
Real Property
Environmental Due Diligence
There are significant legal risks associated with acquiring property that may be contaminated. State and federal hazardous waste laws provide that multiple parties may be legally responsible for cleaning up new or preexisting contamination, including those who acquire the property after the fact, even if they did not cause the contamination. This can result in millions of dollars in cleanup costs that could have been avoided with the right precautions.
Environmental Risks in Property Transactions
Anyone who acquires an interest in property, including individuals, businesses, and governmental entities, may face these risks. We can help clients structure real estate transactions to reduce the risk of assuming liability for preexisting environmental conditions and understand what obligations they may have to manage the property responsibly after acquisition.
Depending on the circumstances, our assistance may include:
- Reviewing environmental site assessments, regulatory records, and information about the property’s prior uses
- Identifying environmental concerns that may warrant additional investigation or testing before closing
- Coordinating with environmental consultants and other professionals involved in evaluating the property
- Negotiating, reviewing, and drafting purchase agreements and other transaction documents to address environmental conditions and responsibility for associated costs
- Advising on state and federal due diligence requirements that may help preserve available protections against liability for preexisting contamination
- Advising on applicable due care requirements and other responsibilities associated with owning or operating contaminated property
Dedicated to serving your legal needs.
In these situations, an ounce of prevention is worth a pound of cure. Contact us early in the process to evaluate potential concerns and take the appropriate steps to protect your interests.
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Request a ConsultationAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.
