flanc wrote: ↑Sat May 04, 2024 6:09 amAny cleanup will be liability of the seller unless FL state law allows for buyer to assume legal liability for cleanup (which would involve buyer entering into an Agreement w state of FL) and I would be surprised if FL law did so.
I imagine lawyers (as well as re brokers) have advised seller (whether individual or estate) of ^that^ and the eye opening price reflects the sellers desire to pay for cleanup, as a condition of the sale …
IANAL but rather a former member of multiple clubs and ranges in which someone - always other than the buyer - got stuck with lead cleanup and associate costs BEFORE either sale went to settlement or, the buyer was ever granted use & occupancy.
Some of the unfortunate legal battles (or even cordial wranglings, when the buyer(s) wanted the land in question that bad) which ensued enlightened many of us Gun club / shooting range members and officers to facts state “cleanup” laws are written to cover mainly parcels that previously had things like gas stations or other commercial enterprises which often resulted in ground contamination via chemicals vs lead.
As soon as the new owner fires a single bullet downrange, the "innocent party" defense under clean up laws is gone and the new owner is liable for cleanup.
The new owner can sue the prior owner as a potentially responsible party, but I'm pretty sure there won't be any money there as it will be a dry hole.