When buying property, due diligence is required to avoid costly, time-consuming issues further along in the process. In addition to health and financing issues, under federal law, an owner of contaminated property may be held responsible for cleanup costs even if they did not cause the pollution.
A Phase I Environmental Site Assessment (ESA) is a preliminary survey to identify potential hazards, and minimize legal liability. Even if not required by the mortgage lender, every purchaser needs to have such a survey done as part of the purchasing procedure. Developers on brownfield sites may have done an ESA survey, however you do not know the qualifications of the persons who performed the survey, or the quality of the work. To protect yourself, it is recommended that anyone doing an ESA survey should be a licensed Professional Engineer or Professional Geologist with at least three years full time experience doing this work.
If you have concerns about environmental hazards and soil pollution of the home you own, or considering purchasing, contact the Law Office of Elliott Klein for an evaluation of your situation.