尽职调查

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Due Diligence is available to GhatanGroup members.

使用指南

Using Due Diligence well

A working checklist for the conditional period on an ICI acquisition: title, environmental, building, zoning, leases, financing and closing. Track each item's status so nothing is left for the last week.

如何使用

Start it the day the offer is accepted; order long-lead items first (environmental, building condition, appraisal).
Assign each item: you, your lawyer, lender, environmental consultant, building engineer.
Keep the status current; anything still open five business days before the deadline needs a decision: waive, extend or walk.

如何解读结果

Red flags are not automatically deal-breakers: they are negotiating points (price, holdback, seller remediation, indemnity).
An extension costs leverage. Ask for it early, with a reason, before the deadline is near.

案例分析

A Phase I that found a former plating shop

A 45-day conditional period on a 1970s building in Etobicoke. The Phase I environmental assessment finds the site was used for metal plating in the 1980s.

Day 12: Phase I received; the consultant recommends a Phase II. Order it immediately (typically 2–4 weeks).
Day 15: ask the seller for a 15-day extension in writing, explaining the Phase II timeline.
Day 38: Phase II finds limited soil impact near the former process area; remediation estimated at $350,000–$450,000.
Outcome options: a price reduction, a holdback from the purchase price until a Record of Site Condition is filed, or seller remediation before closing.

要点The issue was manageable because it was found on day 12, not day 40. Order environmental first, always.

Outside storage that wasn't permitted

An owner-user buying in Vaughan needs to park 20 trailers outside. The building has a large yard.

The zoning review shows outside storage is limited in that zone. The current owner's use is legal non-conforming but may not transfer to a different operation.
A minor variance application to the Committee of Adjustment typically takes 2–4 months.
Choices: a longer condition, a conditional sale on obtaining the variance, or a different property.

要点For owner-users, zoning is the first diligence item, not the last. Confirm the exact use, outside storage and parking before you sign.

常见错误

Ordering environmental late
Relying on the seller's old reports without reliance letters
Assuming the current use is permitted for you
Letting the condition date pass without a written waiver or extension

Case studies are illustrative. Properties and figures are composites built to show the method; they are not offers or appraisals. Talk to Kam before relying on any number for a transaction.