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ARTICLE · 28 FEBRUARY 2023

"Much Left Unsaid" – A Primer On Environmental Due Diligence For Real Estate Transactions

Greenberg Glusker LLP
Greenberg Glusker LLP
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Greenberg Glusker LLP

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Last month, I had the pleasure of participating in a roundtable discussion regarding "Transactional Real Estate and Environmental Due Diligence" co-hosted by Primerus and Association of Corporate Counsel.

United StatesEnvironment
Sherry E. Jackman
Sherry E. Jackman
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Last month, I had the pleasure of participating in a roundtable discussion regarding "Transactional Real Estate and Environmental Due Diligence" co-hosted by Primerus and Association of Corporate Counsel. I don't know about my co-panelists (Michaël Hassan, Tina Denso, and Melissa Demorest LeDuc), but I personally left the discussion with much left unsaid. One hour was not enough to cover this complex topic. Accordingly, I've decided to distill some of our key points.

Environmental Risks in Real Estate Transactions

  • Regulatory directives (information requests; investigative/cleanup orders; endangerment orders; corrective action orders)
  • First-party claims by Seller/buyer
    • Failure to disclose or inaccurate reps/warranties

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