Post-Closing Environmental Issues in Real Estate Deals: Allocating Liabilities, Post-Closing Escrow
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.
- 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
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?
Kirkland & Ellis
Mr. Chun has successfully managed the environmental aspects of hundreds of corporate and real estate transactions... | Read More
Mr. Chun has successfully managed the environmental aspects of hundreds of corporate and real estate transactions spanning a diverse range of businesses, industries and properties in the U.S. and internationally. His work includes conducting and coordinating environmental due diligence for target companies and properties, retaining and working with environmental consultants to identify and quantify known and potential liabilities, counseling clients on environmental liabilities and risk allocation strategies, drafting and negotiating the environmental provisions of transaction documents, assisting in the procurement of environmental insurance and other risk-mitigating solutions, and managing the post-closing resolution of environmental issues.Close
Cindy J. Karlson
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.Close