[WSBARP] Possible contaminated soil.

[Craig Gourley]

He is comfortable assuming the remainder is clean.  He is just worried about the exported material being his liability because it came from the property he bought.   Good point from NC that there could have been leaching.

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, May 25, 2017 4:38 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Possible contaminated soil.

Does he know whether the property he is purchasing is clean?  This goes back a couple of decades for me but I vaguely remember under CERCLA that current property owners of contaminated dirt are always liable for the clean-up (though they may seek indemnification from the responsible parties (if they are around and solvent)).

[cid:image001.jpg at 01D2D575.500F8510]

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Thursday, May 25, 2017 4:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Possible contaminated soil.

No testing was done.  It was an old house that was demolished ages ago but the dirt, concrete and some debris recently hauled off.  I am concerned about lead based paint chips in the soil.   I just don’t want any blow back on my client based on the soil originating from property that he now owns.

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marvin Benson
Sent: Thursday, May 25, 2017 3:58 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Possible contaminated soil.

Was the soil tested?

On Thu, May 25, 2017 at 3:45 PM, Craig Gourley <craig at glgmail.com<mailto:craig at glgmail.com>> wrote:
Listmates.  Client is purchasing a property that may have contained some contaminated soil.  The potentially contaminated soil was removed by the seller prior to the sale.  The question is if there is any potential liability to my client as buyer if at some point in the future that exported material is found to contain any sort of contamination.  He never owned the soil and did not arrange for the exportation.   Thoughts?   Thanks, Craig

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065<tel:(360)%20568-5065>
360.568.8092<tel:(360)%20568-8092>  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>


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