This leter opens with a disclaimer that the writer does not practice law, has never practiced law and does not aim to provided legal advice of any kind. It aims to respond on two questions that we get asked frequently and are posted in the caption above.

Where it comes to transactions in commercial and industrial real estate, we are not aware of a law, national or local, that requires buyers or sellers or any other stakeholders to perform the Phase I Environmental Site Assessment (Phase I) Process.

This process is good commercial practice and customarily done in accordance with Standard Practice E1527-13 issued by the American Society for Testing and Metrials (ASTM). The practice is voluntary and its employ is subject to agreements between multiple parties that hold stakes in the transaction and the environmental professional that is retained for its production.