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Environmental Liabilities in Real Estate Transactions

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 seller's and buyer's 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.


Runtime: 89 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

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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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on November 30, 2018.

Call 1-866-352-9540 for further credit information.

  • AICP 1.25 including Law 1.25
     
  • This course has been approved by the American Planning Association for 1.3 hours of CM credit for AICP members. Additionally, this course has been approved for 1.3 hours of Law Credit.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

George Duke, Esq., P.G.

George Duke, Esq., P.G.

BROWN DUKE & FOGEL, P.C.

  • Partner in the office of BROWN DUKE & FOGEL, P.C.
  • Represents clients in the sale and purchase of environmentally-distressed real property
  • Practice emphasizes all aspects of environmental law including brownfield redevelopment, zoning & development, and litigation services
  • Focuses practice on helping businesses navigate complex environmental and land use laws and regulations during corporate and real property transactions, land development projects, mine expansions, brownfield redevelopment projects and environmental enforcement actions
  • Regularly conducts seminars and workshops on environmental due diligence and environmental topics, including land use, site remediation and brownfield redevelopment
  • Author of several articles on environmental law and natural resources
  • J.D. degree, Pace Law School; M.S. degree, geology, Montclair State University; B.A degree, geology, Franklin & Marshall College
  • Admitted in New York and New Jersey and U.S. District Courts of New Jersey and Southern District of New York
  • Can be contacted at 646-915-0236 or [email protected]
Michael Fogel, Esq.

Michael Fogel, Esq.

BROWN DUKE & FOGEL, P.C.

  • Partner in the office of BROWN DUKE & FOGEL, P.C.
  • Represents clients in all aspects of environmental law, land use, zoning and development in connection with securing federal, state and municipal approvals necessary to develop properties into industrial, commercial and residential uses
  • Frequent lecturer and writer on environmental, land use, zoning and other real estate development issues
  • Named by Super Lawyers as a Rising Star for Environmental Law
  • J.D. degree, magna cum laude, Syracuse University College of Law; B.A. degree, Binghamton University
  • Admitted in New York and U.S. District Court, Northern District of New York
  • Can be contacted at 315-399-4343 or [email protected]
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Product ID: 403954
Published 2018
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