Introduction to Environmental Real Estate Transactions

Due diligence can be crucial when undertaking any significant real estate transaction. This program, presented by Karl Heisler, a partner with Katten Muchin Rosenman LLP, will cover environmental liabilities, transactional defenses arising out of the Comprehensive Environmental Response, Compensation, and Liability Act, the "all appropriate inquiries" standard; structuring transactions, and some practical tips for purchasers, sellers and lenders.

Learning Objectives:

1. Understand how to mitigate or eliminate environmental liability associated with a transaction by investigating the asset prior to purchase, sale, or financing

2. Establish that all reasonable care has been taken for purposes of other defenses

3. Identify and quantify environmental risks associated with a transaction such that the price can be adjusted accordingly
4. Determine whether to proceed with a transaction, and, if so, on what basis
5. Understand both the standardized approach to assessing historic, current, and future risks of a property before transaction, as well as why there is no "one size fits all" due diligence checklist

6. Assess whether and to what extent representations, warranties, indemnities, environmental insurance, or other protections should be pursued