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Barrister
Barrister, Attorney
Category: General
Satisfied Customers: 33708
Experience:  15 years practicing attorney, Realtor, 26 years landlord
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Can I be held liable up if I buy property in SC that has

Customer Question

Can I be held liable for clean up if I buy property in SC that has been identified with Hazardous Waste?
Submitted: 11 months ago.
Category: General
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Yes, you can. I recently went to a law update regarding environmental liability for real estate transactions and under federal law, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) a subsequent purchaser can be held liable for the cost of clean up and remediation if they knowingly purchase a property where they know or reasonably should know that they are existing or potential environmental hazards.

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So any potential purchaser would be wise to have an environmental assessment done prior to purchasing to make sure that they know what they are getting into and they don't get stuck with a pig in a poke. If there are identified hazards, then that can go into any negotiations on price depending on the amount of contamination and the cost of clean up..

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thanks

Barrister