Brian Madigan’s “Material Facts” CHECKLIST Part 5

Here is one further section, on “Environmental Issues”.

These will all require some sort of response from the seller/owner.

The list of items is not exhaustive. Depending on the question, the response and its importance, may lead to other questions. If it would affect a buyer’s decision to buy, then, you should have an answer.

Environmental Issues

  1. Is the property subject to the jurisdiction of any Conservation Authority? ____
  2. Is the property subject to flooding, pooling or the presence of water from natural sources? _____
  3. Are there any restrictions concerning drainage of water on the property or by the neighbours? ____
  4. Are there any restrictions concerning drainage of water onto the property from the neighbours? ____
  5. Have there been any changes to the drainage on the property over the last 10 years? _____
  6. Have there been any changes to the drainage by the neighboring properties over the last 10 years? _____
  7. Have there been any hard surface materials placed or erected upon the property over the last 10 years (additions, decks, driveways)? ____
  8. Have there been any significant below surface installations constructed upon the property over the last 10 years (basements, swimming pools, French drains)? ____
  9. Are there any below the surface items, including:
    1. Buried oil tanks? ____
    1. Buried swimming pools? _____
    1. Buried construction materials? _____
    1. Septic system? ______
    1. Former septic system? _____
    1. Well in use? ____
    1. Well, not in use? _____
    1. Foundations of buildings, now removed? ______
  10. Has the basement leaked water from the outside? _____
  11. Has there been a sewer backup? _____
  12. Has there been water damage for which an insurance claim was submitted? ____
  13. Has there been any repair, renovation, or rectification of water damage (with or without an insurance claim)? _____
  14. Were there ever any repairs made due to water damage from any source whatsoever (outside building, sewer backup, leaks in plumbing, overflowing water inside premises)? _____
  15. Have there been any soil, building or property contamination issues due to:
    1. Toxic substances? _____
    1. Radon gas? _____
    1. Underground oil tanks? ____
    1. Underground gas tanks? ____
  16. If so, provide particulars? _________________________________
  17. Have any of the properties within 300 feet been used as a gas station or a commercial cleaners in the last 20 years? _____
  18. Is the soil, ground, or surface of the property graded away from the building? ____
  19. Have any changes or improvements been made to the grading over the last 10 years? ______
  20. Has there been any evidence of soil erosion over that last 5 years? ____
  21. If so, have any remedial measure been undertaken? ____
  22. Is the building(s) heated by fuel oil? _____
  23. What is the age of the tank? _____
  24. Is it located above ground? ______
  25. Is it located below the ground? _____
  26. Has it been inspected? _____
  27. When was it inspected? ____
  28. Is there a compliance report available? ______
  29. Has the building been used to grow marihuana within the last 10 years? ____
  30. Has the building been used to grow any illegal substance within the last 10 years? ____
  31. Has the property been used to grow marihuana within the last 10 years? ____
  32. Has the property been used to grow any illegal substance within the last 10 years? ____
  33. Has the building been used to grow flowers or any kind of plant within the last 10 years? ____
  34. Has the building been used to grow flowers or any kind of plant within the last 10 years? ____
  35. Has the building or the property been used to develop any kind of legal or illegal chemicals (including a meth lab) within the last 10 years? _____

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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