Environmental
The 'innocent landowner' defense requires, among other things, that the buyer conducted 'all appropriate inquiry.' For most commercial transactions, this means performing at minimum a:
APhase II ESA with soil samples
BPhase I Environmental Site Assessment✓ Correct
CCERCLA-compliant remediation plan
DCalifornia Hazardous Waste Permit application
Explanation
To qualify for the innocent landowner defense under CERCLA, a buyer must conduct all appropriate inquiry prior to purchase. For most commercial transactions, performing a Phase I ESA that meets ASTM standards satisfies this requirement. If RECs are found, a Phase II ESA may be warranted.
Related California Environmental Questions
- What is a 'natural hazard disclosure' (NHD) and when is it required in California?
- A property is located within an Alquist-Priolo Earthquake Fault Zone. What does this mean for new construction?
- The Natural Hazard Disclosure (NHD) Statement required in California real estate transactions covers which of the following?
- A buyer purchasing commercial property to avoid CERCLA liability should conduct due diligence to qualify as an 'innocent landowner.' Which step is most critical?
- The term 'sick building syndrome' refers to:
- Which type of soil condition is most associated with liquefaction risk during an earthquake?
- A Phase I Environmental Site Assessment (ESA) is typically conducted to:
- Which federal law requires disclosure of lead-based paint in homes built before 1978?
Practice More California Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free California Quiz →