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Bansbach Law PC   31 Erie Canal Drive, Suite A
Rochester, NY 14626


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P: 585.227.2610
F: 585.227.2629
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Real Estate Area

  We help individuals, businesses and developers in the purchase, sale, lease or gift of residential and commercial property.

We represent developers, citizens’ groups and municipalities in issues related to the development of real property.

  Real Estate Purchases & Sales Practice Area
    We provide all of the legal services needed to buy or sell your home or commercial property. This typically includes:
   
  reviewing the purchase and sale contract and all included addenda
  speaking with the clients, realtors and other attorneys regarding the purchase and sale contract
  preparing the attorney approval letter; reviewing the other attorney approval letter
  reviewing the mortgage commitment letter, abstract of title, bankruptcy and judgment searches and tax bills
  identifying issues relevant to good and marketable title
  assisting in the calculation and preparation of closing figures and communications with the other attorney and mortgage lender’s attorney about closing figures
  seeking to schedule the closing with the mortgage lender and other side, meeting with the client in advance of a closing to review sale papers
  attending the transfer of title and mortgage closing
  providing the client with a written closing statement showing money received and money paid out

  Transfers of Contaminated Property
    Under New York law, current property owners can be forced to investigate and clean up contamination on property they own. If the property owner does not do so, the DEC or EPA may investigate and clean up the property and then sue the property owner for this expense. Moreover, subsequent purchasers may have a claim against prior owners and operators. If contamination migrates off-site, adjacent property owners may also have a claim for the cost to investigate and clean up contamination on their property.

Liability for site investigation and clean up may be imposed on anyone who owned real estate or operated a business when the contamination took place, even if it occurred years before a claim is made.
   
  We help clients who own, purchase, develop or use contaminated property.
  We recommend ways to minimize potential liability for past discharges of environmental pollutants.
  We help purchasers of contaminated property recover the cost to investigate and clean up contamination caused by others.


  Due Diligence
    The doctrine of “buyer beware” probably will not protect someone who unwittingly buys contaminated property. Innocent purchasers often are held responsible for the cost to investigate and clean up property they bought.

Environmental due diligence must be performed in connection with significant business transactions such as mergers, acquisitions, and the purchase or sale of real estate.

If a previous property owner is responsible for causing all or part of the environmental contamination on your property, and failed to disclose it as a matter of due diligence during the sale of the property, we will work to hold these culpable parties (or their insurance companies) liable.



OUR TEAM

Quick Link Reference
John M. Bansbach, Esq.
Gerald F. Wahl, Esq.
Sherie L. Connors, Admin Asst.
Karen A. Davola, Legal Asst.
Brent A. McFarland, Office Asst.




PRACTICE AREAS

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Business
Estate Administration
Estate Planning
Litigation/ Personal Injury
Real Estate




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