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Buyer Of Polluted Land Lacks Standing To Sue Seller

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By 1.1 min readPublished On: Saturday, July 10th, 1999Categories: Environmental Law

The Court of Special Appeals recently ruled that the Environmental Article of the Maryland Code does not create a cause of action for buyers of land to sue their sellers.

This case of first impression arose when Torsak Rossaki purchased a piece of property from Auto Clean. After the sale, a prospective tenant refused to lease the property from Rossaki based upon the results of an environmental assessment that “revealed severe, widespread contamination of soil and groundwater.”

In Torsak Rossaki, et ux v. NUS Corporation, et al., the appellate Court interpreted Environmental Art., Sec. 4-409 which provides: “9(a) Liability generally – The person responsible for the oil spillage shall be liable to any other person for any damage to his real or personal property directly caused by the spillage.”

Reading that section, the Court made clear, “we hold that it does not protect a purchaser of property that was damaged by oil spillage prior to the time of purchase.”

The Court further reasoned that enforcement of environmental laws should rest with the Department of the Environment.

It is of note that there was also no common law action available to the property owner. Had the contract of sale addressed the issue of environmental liability, a remedy would have existed for the purchaser.

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About the Author: Stuart Kaplow

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Stuart Kaplow is an attorney and the principal at the real estate boutique, Stuart D. Kaplow, P.A. He represents a broad breadth of business interests in a varied law practice, concentrating in real estate and environmental law with focused experience in green building and sustainability. Kaplow is a frequent speaker and lecturer on innovative solutions to the environmental issues of the day, including speaking to a wide variety of audiences on green building and sustainability. He has authored more than 700 articles centered on his philosophy of creating value for land owners, operators and developers by taking a sustainable approach to real estate, including recently LEED is the Tool to Restrict Water Use in This Town and All Solar Panels are Pervious in Maryland. Learn more about Stuart Kaplow here >