Family Owned Real Estate: Legal Challenges & Opportunities
Once Removed Episode 21: Passing Down the “Family Cottage” or Other Legacy Property
War of the Rosas
In September 2020, during a special legislative session, Connecticut took the plunge and passed Public Act 20-9, a statute that will sunset the Connecticut Transfer Act, and replace it with a release-based reporting and...more
Environmental risks are inherent in the transfer of real property. Phase I Environmental Site Assessments are an effective risk mitigation tool, but only if prepared in accordance with the current ASTM Standard E1527. This...more
FCJ decision finds that mere suspicion of contamination resulting from a sold property’s past use constitutes a defect. The German Federal Court of Justice (FCJ) has ruled that an abstract suspicion of contamination...more
On May 9, 2016, Kansas Governor Sam Brownback signed into law the Contaminated Property Redevelopment Act (the “Act”). The goal of this Act is to allow purchasers in Kansas to acquire real property with pre-existing...more
Everyone is familiar with the two little words - “as is” - that pop up in real estate contracts. The “as is” clause is a means of allocating risk between seller and buyer. Generally, a seller who sells property “as is” will...more
The U.S. Environmental Protection Agency has at long last issued a Final Rule which provides clarification to prospective purchasers of contaminated property regarding the standards and practices that are to be used for...more