ARTICLE
15 July 2026

Due Diligence On Real Estate: What Buyers Must Verify

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Beresford Booth

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Beresford Booth is a full-service law firm in the Seattle area. Our clients include startups, high-growth companies, established businesses, families and individuals. We offer a full range of civil legal services in the areas of business, real estate, family law, adoption & assisted reproduction, estate planning & probate, litigation and employment law.
When a business sale includes real estate, buyers often assume the property is “fine” because the business has operated there for years. That assumption can be costly.
United States Washington Corporate/Commercial Law
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When a business sale includes real estate, buyers often assume the property is “fine” because the business has operated there for years. That assumption can be costly. Real estate due diligence is its own discipline, and skipping steps can create problems long after closing.

Start With the Basics: Title and Boundaries

A title report will reveal liens, easements, covenants, and other restrictions. Buyers should review:

  • Access easements
  • Utility easements
  • Encroachments
  • Boundary line agreements

Even long‑standing issues can affect future development or financing.

Environmental Issues Can Linger

Washington’s Model Toxics Control Act imposes strict liability for contamination. For good reason, a Phase I Environmental Site Assessment is standard practice. A Phase II may be necessary if the property has ever housed:

  • Auto repair,
  • Manufacturing,
  • Dry cleaning, or
  • Fuel storage.

Zoning and Permitting

Buyers should confirm that the property’s current use is permitted under local zoning. If the buyer plans to expand, remodel, or change operations, zoning restrictions can become a roadblock.

Don’t Overlook the Building Itself

A property condition assessment can identify:

  • Roof issues,
  • HVAC problems,
  • Structural concerns, and
  • Deferred maintenance.

These findings often become negotiation points.

The Takeaway

Real estate due diligence is not a formality. It’s a safeguard. Buyers who take the time to investigate the property thoroughly are far less likely to face unpleasant surprises after closing.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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