A commentary by Kellie Scott, a shareholder in Gunster‘s Environmental & Land Use practice, was published recently in the Daily Business Review.
Buyers who knowingly purchased commercial property containing petroleum or dry cleaning contamination had a defense to liability for the cleanup costs if they could prove the discharge was a prior act or omission of a third party and they continued to exercise due care as to the contaminants on the property.
As of June 14, this is no longer the case.
Read the entre article as published in the Daily Business Review on July 25: Property buyers responsible for contamination cleanup.
Read the related June 20 news alert by Gunster’s Environmental & Land Use practice: Ruling denies ‘third party defense’ claim for purchasers of contaminated properties.
