Due Diligence Tip #21

The earlier a buyer or commercial lender starts the environmental due diligence process, the more time they will have to examine all options to fairly allocate the liabilities identified by the Phase I Environmental Site Assessment. Subsequently, the parties will be in a better position to draft indemnities, determine appropriate environmental escrow amounts, and modify the Purchase Agreement. Of course, having a competent real estate attorney on retainer to monitor the process is always a good idea.