Navigating Post-Closing Environmental Issues in Real Estate Deals: Liability Allocation; Dispute Resolution
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel for buyers, sellers, and lenders in real estate transactions on structuring provisions that address post-closing environmental issues to ensure coverage for environmental liabilities. The panel will examine recent court treatment of environmental contractual clauses.
Outline
- Determining when to allocate liabilities--during contract negotiations or after closing the deal
- Addressing post-closing environmental issues in contract negotiations
- Who pays for what
- How will disputes be resolved
- Post-closing escrow agreements
- Dealing with banks (and their conditions on the loans post-closing)
- Best practices
Benefits
The panel will review these and other central issues:
- When is the seller's obligation to remediate environmental contamination done?
- What are the key provisions of the post-closing escrow agreement? Why is it essential?
- What are the crucial lessons from recent court decisions for addressing post-closing issues when structuring agreements?
- What are the best practices for allocating environmental risks in real property transactions?
Faculty
![Chun, Toby](/img/t/f4988463393c372a3c157b7e07cb7777.jpg)
Toby Chun
Partner
Simpson Thacher & Bartlett
Mr. Chun is Co-Head of the Firm’s Environmental Practice. He focuses on managing the environmental aspects of... | Read More
Mr. Chun is Co-Head of the Firm’s Environmental Practice. He focuses on managing the environmental aspects of complex corporate and real estate transactions, with experience across a diverse range of businesses and industries in the United States and around the world.
Close![Karlson, Cindy](/img/t/72a71090c1938932028259def18d6809.jpg)
Cindy J. Karlson
Founder
Law Offices of Cindy J. Karlson
Ms. Karlson focuses on environmental and land use law, including compliance counseling, transactional work,... | Read More
Ms. Karlson focuses on environmental and land use law, including compliance counseling, transactional work, administrative matters and litigation. Her work involves pre-transaction counseling and structuring of deals, developing risk management strategies, negotiating contractual language on environmental risk and allocation of liability for known and unknown conditions, and environmental due diligence.
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