Increasingly, real estate closings are becoming less "routine" and more complicated. Most changes in the process are changes that relate to environmental obligations. Issues that were unheard of just several years ago can monopolize and even kill an otherwise routine transaction. And dead transactions help no one. This is why people who are closing on real estate with environmental challenges may be best served by hiring an environmental lawyer for the closing and the pre-closing work. For example, let's say you are purchasing a single family home and may one day want to build an extra room, or perhaps a garage. No big deal, as long as set back and similar land use regulations will not be crossed. Right? Not necessarily.

The extra room may implicate wetlands issues. If you are in certain parts of the country, it may also touch on coastal regulations and other unique regulatory schemes.

New houses have their own concerns. There are issues concerning off site environmental hazards. Are you near a toxic site? are you near a polluting factory?

Then there is the issue of on site hazards. When do you need to inquire about the sub-terrain. How are the soils? Was this recently an orchard with heavy amounts of pesticides and arsenic? Is this near an industrial facility? Is a factory nearby, or, even more interestingly, was a factory nearby 60 years ago. If so, then what?

We also live in an age of brownfields. This means that there is a push to redevelop old industrial sites. If the home is on a former industrial site, what questions do you need to ask? Who will be responsible if something that was supposed to be cleaned up was not cleaned up?

Well water issues have been around forever. But now, some jurisdictions require testing of most residential wells before closing, and this list of places requiring this is sure to increase. What happens when sample results reflect a problem? We do not want to kill the deal -- that helps no one. So the questions becomes: how do you save the deal, and protect yourself at the same time?

There are also the septic tank issues. Septic systems are becoming more complex than before. And it may be difficult to repair failing systems in those many parts of the country that suffer from region-wide failing systems.

The point of all of this is that it is becoming harder to find routine, unexceptional, "run-of-the-mill" real estate closings. With ever increasing frequency, closings are becoming contingent on environmental issues. This means that realtors and real estate attorneys need to become well acquainted with the kinds of issues that have already been touched upon in this article. While an increased understanding of environmental issues is obviously a must, we cannot expect realtors and real estate lawyers to become environmental experts. Routine environmental considerations have always fallen within the province of the realtor or the real estate attorney, and always will in the future. However, if a transaction concerns complicated and unique environmental legal issues, they should be addressed by an environmental lawyer.

Environmental attorneys are familiar with these kinds of issues. They have confronted them for years in the context commercial and industrial property closings, as well as brownfields transactions. Simply stated, environmental lawyers can save a deal with an environmental challenge because they are accustomed to the challenge and will not be "scared away" by it. In addition, an environmental lawyer is likely to already have a list of competent environmental specialists that can be called upon to address unique challenges. For example, a wetlands legal issue may require special language in the real estate contract, perhaps a narrowly tailored sales contingency. This will be drafted by the lawyer. However, a wetlands consultant may also be required to delineate the wetlands area, and perhaps to apply for a wetlands permit. An experienced environmental lawyer will likely know who the "right" consultant is for the particular challenge at hand.

Most realtors and real estate attorneys can refer you to a good environmental lawyer. Area legal publications, such as weekly newspapers and bar association publications, may also contain the names and phone numbers of qualified environmental counsel.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.