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Live Webinar

90-minute live streaming program
  • November 30
  • 1:00 - 2:30 pm EST

Environmental Liabilities in Real Estate Transactions

November 30

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.

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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

Live Webinar Registration

  • AICP 1.5 including Law 1.5
     
  • This course has been approved by the American Planning Association for 1.5 hours of CM credit for AICP members. Additionally, this course has been approved for 1.5 hours of Law Credit.
     
  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MS CLE 1.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of Law & Legal Procedure credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     

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

Who should attend?

This live 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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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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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.

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Product ID: 403954
Published 2018
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