VAZQUEZ HELDMAN
  • Home
  • Areas of Practice
    • Business Law & Litigation
    • Construction, Real Estate & Development
    • Healthcare and Pharmacy Law
    • Wills, Trusts, Estates and Administration
  • Contact
  • Blog and Legal Updates

Legal Updates

Car Wash Seller Ordered to Perform Full Environmental Cleanup

7/23/2019

 
In an unpublished opinion, the New Jersey Appellate Division upheld a trial court's order of specific performance in a commercial real estate transaction involving a car wash.  During the due diligence period, the buyer of the car wash discovered some soil contamination and the parties entered into an amendment to the contract providing that the seller would remediate the known contamination as well as, "any additional contamination that may be discovered."  When seller's contractor discovered that the ground water was contaminated in addition to the soil, seller sought to void the rider for lack of consideration.  However, both the trial and appellate courts disagreed, finding that the buyer had a right to cancel the contract based upon the discovery of the initial contamination and that, "[a]n agreement to refrain from exercising a legal right is a form of consideration."  Likewise, the court rejected seller's argument that it only had a duty to address the soil contamination under the terms of the amendment since no such limitation was explicitly stated therein.  Consequently, the Appellate Division enforced the trial judge's order of specific performance.  (Miguel A. Hector v. Super Car Wash Limited Liability Company, et. al.)

Comments are closed.

    Authors

    Peter J. Vazquez, Jr.
    Jeffrey Heldman

    Archives

    March 2023
    February 2023
    January 2023
    December 2022
    August 2022
    April 2022
    March 2022
    February 2022
    January 2022
    July 2021
    April 2021
    March 2021
    February 2021
    December 2020
    June 2020
    May 2020
    April 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019

    Categories

    All
    Business Law
    Construction Law
    Consumer Fraud Act
    Healthcare Law
    Land Use & Zoning
    Real Estate Law

    RSS Feed

Peter J. Vazquez, Jr.
pvazquez@vazquezfirm.com

Office Phone
973-434-7062

Jeffrey Heldman
jheldman@vazquezfirm.com

​Copyright © 2017-2023    ​
  • Home
  • Areas of Practice
    • Business Law & Litigation
    • Construction, Real Estate & Development
    • Healthcare and Pharmacy Law
    • Wills, Trusts, Estates and Administration
  • Contact
  • Blog and Legal Updates