EnvironmentalIntermediateCalifornia Exam

A property located near a former gas station shows evidence of petroleum contamination in the soil. A buyer who later discovers this and was not told may sue the seller for:

ABreach of the implied warranty of habitability only

BFraudulent misrepresentation or failure to disclose a material factCorrect

CViolation of CERCLA only — no state claims apply

DBreach of the covenant of quiet enjoyment

Why Fraudulent misrepresentation or failure to disclose a material fact Is Correct

Answer B: Fraudulent misrepresentation or failure to disclose a material fact

Failure to disclose known material facts — such as known soil contamination — exposes a seller to liability for fraudulent misrepresentation or negligent nondisclosure under California law, in addition to potential CERCLA claims.

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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Key Terms to Know

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.

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