All Forum Posts by: Lawrence P. Schnapf

check historic use for any potential dumping, illegal filling of wetlands, etc.

The questionnaire is the first step in the environmental due diligence process. As a purchaser, you probably dont have much information. If the bank is ordering a phase 1, you have no obligation to respond to the consultant's questionnaire. The consultant will simply have to do its own investigation and determine if your lack of responses impacts its ability to assess the conditions of the property. It is very rare for this to occur for a purchaser. it is better not to complete such a form since you could potentially expose yourself to claims fraudulent or negligent missrepresentation. 

In addition to lead and asbestos, you should assess the current and former heating oil tanks, test the water if there is on-site well and evaluate the septic system.