Environmental due diligence for a business or property purchase
A legal review of environmental risks, permits and liabilities before buying a business or a commercial or industrial property.
What is included
- Reviews Phase I and Phase II environmental site assessments
- Advises on contamination risk in a purchase, lease or financing
- Negotiates environmental terms, indemnities and holdbacks
- Guides the Record of Site Condition process
- Advises on brownfield redevelopment steps
What is not included
- Environmental consultants, testing and engineering reports
- Government application and filing fees and other disbursements
- Appeals, or other proceedings not covered by the lawyer's written retainer
Who this service is for
- Buyers, sellers and lenders of commercial or industrial property
- Developers redeveloping former industrial land
- Businesses buying another business
Information to have ready
- 1Environmental reports already done
- 2The agreement of purchase and sale or letter of intent
- 3Site history and past uses
- 4Any Ministry records or orders for the site
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $3,000–$10,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
When is a Record of Site Condition needed?
Usually when property changes to a more sensitive use, such as from industrial to residential, and in some other cases set by regulation.
Is a Phase I report enough?
It is a records and site review and often the first step. If it finds potential concerns, a Phase II with sampling may be recommended.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed, including approval of any application
- Regulators set their own timelines, which the lawyer cannot control
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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