Diminution of Value in Purchase and Sales Agreement
We help property sellers and buyers close the deal by avoiding out-of-pocket expenses and price reductions due to pollution.
Find Your Policy
Diminution of Value in Purchase and Sales Agreement
If pollution is impacting your property value and buyers are pressing for a price cut, Restorical Research offers a strategic alternative. Our Diminution of Value in Purchase and Sales Agreement services preserve your property value by leveraging historical insurance policies to cover environmental cleanup, avoiding direct out-of-pocket expenses and price reductions.
What Diminution of Value in Purchase and Sales Agreement Involves
We identify and recover historical insurance policies to fund the pollution cleanup, protecting your property value while minimizing out-of-pocket expenses.
Our approach facilitates site remediation before the sale concludes or after new ownership takes over.
We provide solutions and aid successful transactions by guiding sellers and buyers on using these old policies as financial collateral, enabling cleanup funding post-acquisition.
We provide negotiation support and stand with you during the transaction to ensure your interests are protected. For sellers, our goal is to preserve the sale price. For buyers, our goal is to secure historical insurance to fund the remediation. Both goals can be met without litigation and without losing the deal.
Case Studies
Frequently Asked Questions
Diminution in value occurs when contamination is discovered during the feasibility period or if testing shows the cleanup to be more expensive than originally estimated.
To remedy the UN-budgeted increase in costs a buyer may demand a sales price reduction as a condition to close.
Restorical can locate historical insurance policies that insured the property 40+ years ago and assist you and your team in obtaining insurance coverage and funding the pollution cleanup. With the remediation funded and your property value fully restored, you are free to sell without a price reduction.
Yes. The strategies Restorical employs were originally developed by Fortune 1,000 companies decades ago. Corporations like Boeing, Weyerhaeuser, Kraft Foods, 3M, DuPont and others, did this exact same thing and are responsible for favorable case law in many states.
Restorical helps private and public clients on a daily basis find these old policies and successfully obtain insurance coverage to pay for the cleanup of environmental contamination. Our years of experience, creative thinking and dogged determination have perfected the work started by these large corporations decades prior.
Yes. You should be able to work with your accountant and environmental consultant to petition the county assessor for a reduction in assessed value based on the impairment of contamination.
Yes. Restorical regularly assists our clients in purchasing polluted properties, securing historical insurance assets, and funding the cleanup after post-closing, usually during the redevelopment of the property.
These historical insurance policies are hidden assets. They do not contain an effective pollution exclusion and, if used correctly, may fund the cleanup of contamination. These hidden assets can be used as financial collateral in many ways, such as:
* Securing escrow funds in lieu of a personal guarantee
* Obtaining an SBA Loan for a business on a polluted site
* Obtain bank financing on a polluted site remediation
* Used in the sale of a real estate portfolio to uphold value
Once the historical insurance policies have been identified, Restorical advises you on how best to leverage these hidden assets to achieve your goals. This includes strategy development to achieve the preferred outcome, educating the team, and, if necessary, the party on the other side of the negotiation table.
We view the sale transaction as a process for both sides to collaborate in the pursuit of a successful transaction. When insurance is used properly, both parties can get what they are looking for and avoid unnecessary haggling, elongated closings, litigation, or a failed sale.
We have many tools in our kit to make sure these hidden assets are being leveraged to their full extent, and we are ready to assist you and your unique situation to achieve a successful sale.
Years in Business
Allows us to be the leading insurance archaeology and claims management firm in the country
Million Recovered
We uncover hidden assets for our clients, and we excel at obtaining coverage for their environmental liabilities
Policyholder Clients Served
We only work for policyholders and property owners and do not offer our services to insurance companies
Historical Policy Database
Restorical has been collecting, analyzing, and cataloging historical insurance policies spanning the 1950s-1990s.
Our proprietary database with carrier-specific detail is leveraged for our clients on a daily basis
