EnvironmentalIntermediateArizona Exam

An Arizona seller is aware that the property has a naturally occurring arsenic level in the well water that exceeds EPA action levels. The seller must:

ADisclose this as a material fact on the SPDSCorrect
BOnly disclose if the buyer requests a water quality test
CNot disclose since arsenic occurs naturally and is not a manufactured hazard
DOnly disclose to the buyer's lender, not the buyer

Why Disclose this as a material fact on the SPDS Is Correct

Answer A: Disclose this as a material fact on the SPDS

Elevated arsenic levels in well water constitute a material fact that could affect health, property value, and the buyer's decision to purchase. Arizona sellers must disclose this on the SPDS regardless of the source.

Exam Tip: Environmental

Environmental questions test knowledge of hazards like asbestos, lead-based paint, radon, and mold. Know the disclosure requirements and when a professional inspection is required. CERCLA liability is strict, joint, and several.

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