Kadish & Anthony Law Group Contact Our Firm

Se Habla EspaƱol

Creative Solutions That Are Cost Effective
Schedule A Consultation: 480-967-2688 Weekend & Evenings By Appointment
View Our Practice Areas

Watch for signs of contamination on commercial real estate

If you are looking to build or expand your business, you may be considering purchasing commercial real estate. This is an enormous and often expensive step to take, and you are right to be cautious as you begin the process. However, you know that any delay means a delay in growing your business, so you may be tempted to jump at the first reasonably priced property you see.

What you may not realize is that commercial properties are notorious for environmental contamination. While you would hope the seller would be upfront with disclosures about potential contamination, you cannot guarantee this will happen. After all, disclosing a serious environmental or health concern may mean the loss of the sale. Therefore, it is wise to be alert and proactive when examining properties you are considering purchasing.

Hazards you may be dealing with

While there are exceptions, the current owner of the property is often responsible for any cleanup or mitigation of hazardous materials. When you close the sale, you own the problem. You may be fortunate if the contamination on the property is at acceptable levels, but this may still limit your use of the property and its future selling value. If the contamination affects water sources, the indoor air quality or any neighboring properties, you may face a significant cleanup. The most common hazards on commercial properties are the following:

  • Leaking underground storage tanks, such as those used in gas stations or to hold fuel oil for residential dwellings
  • Improperly disposed waste, like motor oil or coolant, from an auto repair shop on the premises
  • Chemical dumping, as in lagoons and disposal pits that many industries used before the government enacted regulations for waste disposal
  • Leach fields or drywells that carried chemical waste and other hazards previous occupants may have dumped down the drain
  • The presence of perchloroethylene and other volatile organic compounds used in the dry-cleaning industry

Before you purchase a commercial property in Arizona, you would be wise to do as much research as possible about any environmental permits issued to the existing or previous businesses on the premises. You may also look for information about prior cleanups in the area, including adjacent properties whose contamination may affect you. You can also be alert for any recent improvements on the property that may be hiding evidence of contamination.

Perhaps the most important protection you can seek is the advocacy and advice of a skilled attorney with experience in commercial property law. If you should purchase a commercial property and subsequently discover contamination, you may benefit from access to sound advice about your legal options.

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

4647 North 32nd Street, Suite 135
Phoenix, AZ 85018

Toll Free: 800-431-5180
Toll Free: 800-431-5180
Phone: 480-967-2688
Fax: 480-967-2725
Phoenix Law Office Map