Real Estate Due Diligence

We advise clients in the United States and globally on transactions involving the acquisition, development, management, operation and sale of commercial real estate. Typically, these place substantial emphasis on environmental site assessments.

We help clients identify and select qualified site-assessment contractors, draft appropriate consulting and confidentiality agreements, and evaluate environmental site-assessment reports. Based upon the results of the environmental due diligence, we assist clients in allocating potential environmental liabilities satisfactorily.

Our experience in the field of real estate purchasing, sales and leasing includes the following:

  • Advised a national real-estate development group concerning environmental due diligence related to the acquisition of hotels and associated properties across the southeastern and midwestern United States.
  • Assisted a major real-estate developer in identifying and mitigating environmental risks in connection with the purchase of numerous properties developed for and leased to a national drug store chain.
  • Counseled a property-management firm on the legal liabilities and project requirements related to asbestos management, lead-based paint removal, radon and indoor air quality.
  • Drafted ground-lease provisions concerning environmental conditions and inspection obligations for a national food chain.
  • Conducted environmental due diligence for a major telecommunications company in connection with the purchase or lease of telephone signal transmission sites.
  • Counseled an international fast-food chain in the acquisition of new sites. Our work included reviewing and commenting on environmental site assessments, drafting contractual provisions to address potential environmental liabilities, and negotiating corrective action plans where necessary.
  • Conducted environmental due diligence on new store locations in multiple states for one of the world’s largest retailers. Our work included drafting contractual provisions to address environmental liabilities negotiations with governmental agencies regarding waste management, brownfields and voluntary remediation programs, historic preservation and wetlands issues.