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ARTICLE · 06 JANUARY 2015

Follow Up On Seller’s Environmental Assessment Reports

Siskinds LLP
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Last month we blogged about a case out of Newfoundland in which a buyer's negligence lawsuit against a seller's environmental consultant was tossed out...

CanadaEnvironment
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Last month we blogged about a case out of Newfoundland in which a buyer's negligence lawsuit against a seller's environmental consultant was tossed out because the buyer had no right to rely on the environmental assessment report issued by the consultant for the seller.  That article, "Buyer Can't Rely on Seller's Environmental Reports," was picked up in this month's newsletter of the Ontario Real Estate Law Guide:  Ontario Real Estate Law Developments.  We subsequently had a call from a lawyer at a prominent Toronto real estate firm inquiring about the environmental "reliance letter" we referenced.

As we indicated in the original article, the contract provisions between the seller and the consultant in the Newfoundland case are fairly boilerplate.  But, if a buyer wants to rely on the results documented by a seller's consultant, he or she simply needs to contact the consultant to ask for a "reliance letter" allowing the buyer to rely on the report too.  There may

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