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Drafting Real Estate Contracts to Address Environmental Concerns
Jeff Civins, Mary Simmons Mendoza
Environmental laws sweep broadly, regulating a wide range of business activities. The obligations and liabilities they create affect not only ongoing businesses, but also business transactions, including real estate transactions, stock transactions, financings and leases. This paper generally focuses on understanding and addressing concerns in real estate transactions, though similar principles apply with regard to other types of business transactions.
Set forth within this paper are: an overview of environmental programs; considerations pertinent to the structuring of real estate transactions and to the drafting of specific contractual provisions to manage environmental risks; and a brief description of some extracontractual tools to manage those risks.
Presented at the State Bar of Texas 23rd Annual Advanced Real Estate Drafting, March 1-2, 2012, Chapter 10. To read the full paper, click on the PDF linked below.
PDF - Real_Estate_Contracts_Environmental.pdf