Posted by JohnBoy on April 06, 2002 at 24:18:38:
Nope! Every lender doesn’t require this. I know a guy who buys lots of commercial property and he only had to get a phase 1 report done. That doesn’t test the soil for contamination.
I have borrowed hundreds of thousands myself through banks and leasing companies for buying existing dry cleaners and equipment. Not a single lender has ever asked for anything regarding contamination. I even had one loan guaranteed through SBA and even they didn’t require anything and that was on a loan buying a cleaners that had a plant on the property for over 20 years! So I guess it just depends on the lender.
Also, if it was a property where a cleaners didn’t exist at that the time when the financing was taken out then there wouldn’t be anything on that. If a loan was taken out on a new plant where one had never previously existed on the property then there would be no reason for any of this since the site would obviously be clean. So later someone else comes along and by that time the ground could be contaminated from the owner and without getting the soil tested there would be no way of knowing if it was contaminated or not.
Any prior endorsements that may exist would be of no benefit from any time lapse beyond that point since any contamination could have occurred after that point. Doing a lease option or a lease or buying on contract or any type of seller financing would not require any testing to be done. And unless a lender you were using was to require any testing you wouldn’t know about it and if they only require a phase I test then that isn’t going to help. The only way to know for sure is to have someone come in and drill wells through the floor and take soil samples around the cleaning machine area and have it tested for contamination. As already stated some lenders won’t require anything at all!
Btw, it would be up to the seller to have any testing done and provide you with a certificate documenting the soil is free of any contamination. Otherwise they can expect to get a LOT less for the property and/or business.
Now another guy I know that was leasing space where he owned a dry cleaners had to go through testing because his landlord was refinancing the shopping center. The landlord’s lender required soil testing on the dry cleaner’s site before they would fund the loan. It cost the dry cleaner $80k to go through this and that didn’t even cover any clean up costs! That was just to cover his legal expense and cover the cost of having a bunch of wells drilled throughout his plant, through the concrete of his floor. So again, if there is going to be any financing involved then it will depend on the lender as to whether they will require anything or not and if they do, then the type of testing they require. And a phase I isn’t going to cut it!