Emerging contaminants can create environmental business risks in commercial real estate transactions even when properties comply with current regulations and no enforcement action or lawsuit is pending. Environmental due diligence should assess more than liability and remediation; it should consider whether known or suspected conditions could affect asset value, financing, insurance, operations, redevelopment, marketability, or transaction timing. Early evaluation and clear contractual risk allocation can help purchasers, lenders, investors, and property owners manage these risks.
LINKS
Read "PFAS Risks Require Due Diligence Beyond Compliance" by Maribel Nicholson-Choice and Sven Kleinhans on the Law360 website. (subscription)
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