Can I Be Held Liable for Past Contamination on a Property I Buy? 🤔🏚️

Buying a property is exciting, but what if you find out later that it was contaminated before you bought it? 😬 You might be wondering: Can I be held responsible for that contamination, even if I didn’t cause it?  In Alberta—and across much of Canada—the answer is,

unfortunately, yes. Here’s what you need to know. 🧠

💥 Yes, You Can Be Held Liable—Even If You Didn't Cause the Problem

Environmental liability in Alberta is strict. That means the current owner of a contaminated property can be held financially and legally responsible for contamination, even if it happened decades ago. 🏗️ You could be on the hook for costly cleanups and potential legal action—even if you had nothing to do with the original source of contamination.

🔍 How to Protect Yourself Before You Buy

Before signing on the dotted line, here’s what you can do to limit your risk:

✅ Phase I Environmental Site Assessment (ESA)

A Phase I ESA is the first line of defense. It includes a historical review, site inspection, and interviews to determine if there’s a risk of contamination. Think of it as a background check for your property. 🕵️‍♂️📄

🧪 Phase II ESA (If Needed)

If the Phase I ESA identifies any potential issues, a Phase II ESA may be recommended. This includes soil and groundwater sampling to confirm the presence—or absence—of contamination. 🧫🌍

💼 What If You Already Bought the Property?

If you already own a property and learn that it’s contaminated, you’re not out of options. Here’s what to do:

• Conduct a Phase I ESA if you haven’t already—this can help document what you knew at the time of purchase. 🧾

• Consult an environmental professional (like us!) to assess your legal exposure and explore remediation solutions. 🛠️

• Report the contamination to Alberta Environment and Protected Areas (AEPA) if required. 🏛️

👨‍💼 Why Work With Nexus Environmental?

At Nexus, we help buyers across Alberta make informed, confident decisions. Whether you’re purchasing a commercial, industrial, or even rural property, our ESAs are designed to reduce your liability and give you peace of mind. 💼💚

📞 Let’s Talk Before You Buy

Avoid surprises. Protect your investment. Get the answers you need. Call us today or fill out our online form to book a Phase I ESA for your property.