Desperate Air

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Category: Business and Industry

Date Submitted: 01/12/2012 09:34 AM

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Read the case titled "Desperate Air" and compose a two-page statement of what you would do if you were in Mr. Nash's situation.

As DAC’s Vice President of Real Estate, it is my duty to satisfy all real estate duties that involve DAC. I have been addressed by my boss; the new CEO to sell the underdeveloped property that resides on the east coast of Florida. I have been told that selling this property determines the survival of DAC which includes my position.

As you know, I have found a potential buyer, who would like to proceed with the negotiations of the sales. I have mentioned to the buyer that we concluded a full environment audit 6 months ago, and there were no finding reported. The buyer had his party visit the property recently and stated that there are no problems with property as the report stated 6 months ago.

Although, I have recently been approached by a friend who has told me that he has first hand witnessed that there is toxic waste at the property. With that said, I now face a dilemma. The question is weather I should be ethical, make the appropriate business decision or try to satisfy both. Trying to be the best person I can be in this situation, I visited our law office for advice and was told that the state of Florida does not require that a seller must disclose of hazardous substance at commercial properties. With that knowledge I now know that the right business decision would be to proceed with the transaction and not mention anything. After contacting my legal department and speaking with my boss I know that if I do mention something even if the company did find an alternative route of survival, I would be without a job.

Ethically, this may not be the right decision. But, I do have to consider than I did have them personally visit the property to inspect for any problems. In large transactions, any knowledgeable person would bring in an external inspector prior to closing. In addition the bank would require a full inspection before...