EnvironmentalIntermediateCalifornia Exam

A buyer purchasing commercial property to avoid CERCLA liability should conduct due diligence to qualify as an 'innocent landowner.' Which step is most critical?

APurchasing title insurance, per standard environmental compliance procedure
BConducting an All Appropriate Inquiry (AAI), typically a Phase I ESACorrect
CObtaining a seller's affidavit of no contamination, under California environmental disclosure law
DFiling a notice with the EPA before closing, as required under standard hazard disclosure practice

Why Conducting an All Appropriate Inquiry (AAI), typically a Phase I ESA Is Correct

Answer B: Conducting an All Appropriate Inquiry (AAI), typically a Phase I ESA

To qualify for the innocent landowner defense under CERCLA, a buyer must conduct All Appropriate Inquiries (AAI) before purchase — typically a Phase I ESA meeting EPA standards — to identify any known environmental conditions.

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.

Key Environmental Terms in This Question

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