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There are a number of environmental exposures associated with commercial real estate mergers, acquisitions and sales. Often the risks these exposures present can have a significant impact on a deal, whether positive or negative.
First, there is the issue of inadequate protection from previously existing environmental contamination in real estate transactions. Landfills, ground water and soil contamination, lead-based paint, asbestos and improperly maintained PCB-containing electrical equipment are just a few of the inherent exposures involved.
A contaminated piece of real estate could be seeping pollutants into residential areas or other businesses, which could lead to severe consequences. If environmental contamination is discovered, who is going to be …