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Environmental Liabilities in Real Estate Transactions - Webinar

  • ID: 4664013
  • Webinar
  • November 2018
  • Region: Global
  • 90 Minutes
  • Lorman Business Center, Inc.
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Know how to handle real estate transactions involving contaminated or potentially contaminated properties.

Many real estate transactions involve properties that have known or potentially unknown environmental contamination. Because of the strict liability imposed by environmental statutes it is important that real estate transactions be proceeded by appropriate due diligence and that the existence of any environmental contamination and associated liability be allocated in the Purchase and Sale Agreement or other applicable transaction documents (i.e., lease or financing documents).

This topic provides guidance on how to conduct the appropriate due diligence and structure real estate transactions from the sellers and buyers perspective to best manage environmental contamination and liabilities. Practitioners will learn when and how to conduct environmental due diligence and then how best to structure agreements to allocate liability for environmental contamination, including the use of representations and warranties, indemnification and hold harmless provisions, escrow agreements and releases. We will also discuss recent case law developments addressing real property environmental liabilities and the shifting of liabilities between purchasers and sellers. This information is critical for professionals handling real estate transactions involving contaminated or potentially contaminated properties.
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Overview of Environmental Liabilities in Real Estate Transactions
  • Types of Transactions
  • Why Address?
Basis of Liability
  • Statutory, Regulatory, Advisory Opinions, Guidance
  • Environmental Exposures
Environmental Due Diligence

Regulatory/Statutory Provisions
  • Goals of Environmental Due Diligence
  • When to Conduct Due Diligence
  • Types of Environmental Assessments
  • Reporting/Disclosure Obligations
Structuring the Transaction to Address Environmental Liability
  • Contractual Allocation of Liability
  • Governmental Protections and Releases
  • Environmental Insurance
Recent Case Law

Practice Pointers
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George Duke, Esq., P.G. - BROWN DUKE & FOGEL, P.C. & Michael Fogel, Esq. - BROWN DUKE & FOGEL, P.C.
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This webinar is designed for attorneys, presidents, vice presidents, land surveyors, engineers, construction managers, government officials, environmental professionals, planners, zoning and real estate professionals.
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