Environmental Laws Affecting Real Estate Transactions | |
Federal and State Superfund Laws | p. 3 |
Superfund Cost Recovery Liens and Superliens | p. 57 |
Transfer-Triggered Cleanup, Disclosure and Reporting Laws | p. 75 |
Other Disclosure and Reporting Laws | p. 119 |
Land Use Restrictions and Building Permit Requirements | p. 155 |
Wetlands Regulation | p. 161 |
Other Federal and State Environmental Laws | p. 177 |
Common Law Liability | p. 185 |
The Impact of Environmental Laws on Real Estate Transactions | |
Sellers and Buyers | p. 201 |
Lenders and Lender Liability | p. 213 |
Lessors and Lessees | p. 261 |
Brokers | p. 267 |
Exchange Accommodators | p. 271 |
Corporate Officers, Directors, Shareholders and Successors | p. 277 |
Appraisal and Valuation of Environmentally Impaired Real Estate | p. 309 |
Protections Against Environmental Liability | |
Environmental Assessments | p. 325 |
Environmental Assessment and Cleanup as Conditions of a Transaction | p. 361 |
Negotiated Contractual Protections | p. 367 |
Additional Protections for Lenders | p. 419 |
Deal Structure | p. 423 |
Liability Insurance | p. 425 |
Title Insurance | p. 439 |
Bankruptcy | p. 453 |
Expert and Legal Opinions | p. 465 |
Conclusion | p. 469 |
Appendix: FNMA Environmental Hazards Management Procedure (1988) | p. 473 |
Appendix: FHLB Thrift Bulletin: Environmental Risk and Liability (February 6, 1989) | p. 499 |
Appendix: H.R. 2787 (Rep. Weldon) [The "Innocent Landowner Defense Amendment of 1989"] | p. 507 |
Table of Contents provided by Blackwell. All Rights Reserved. |