Environmental Site Assessments - Due Diligence

Buyers of businesses and real estate (including ground lessees), may want to include a Phase I environmental site assessment (ESA) as part of their due diligence before buying a business or real estate if there is any chance that the site was used as a gasoline station, recycling facility, manufacturing facility, landfill, dry cleaners, or a site that stored or contained asbestos, heavy metals such as lead, paints, pesticides, petroleum, solvents, septic tanks, or storage tanks.

A Phase I ESA is generally considered the first step in the process of environmental due diligence. It consists of a written report that addresses both the land and building, identifying potential or existing environmental liabilities. It does not include the sampling and testing of the soil, air, groundwater, or building materials.

If a building or site is considered contaminated, a Phase II ESA should be conducted.

 

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