Environmental
Florida's 'innocent landowner' defense under CERCLA allows a property owner to avoid liability for hazardous waste cleanup costs if they:
APurchased the property after the contamination occurred
BDid not know and had no reason to know of the contamination at the time of purchase, and conducted appropriate due diligence✓ Correct
CAre a residential homeowner rather than a commercial investor
DPurchased the property at a government foreclosure auction
Explanation
CERCLA's innocent landowner defense protects buyers who did not know and had no reason to know of contamination at the time of purchase, AND who conducted all appropriate inquiry (Phase I Environmental Site Assessment). This defense encourages due diligence and protects good-faith purchasers from cleanup liability.
Related Florida Environmental Questions
- Florida law requires sellers to disclose to buyers if a property is in a designated flood zone. The primary federal program governing flood insurance in Florida is:
- A property is located in FEMA Flood Zone AE. What does this mean for a buyer obtaining a federally backed mortgage?
- A property in Florida is located in a designated 'Special Flood Hazard Area' (SFHA) with Zone X shading. What does Zone X indicate?
- Mold in a Florida property is considered a material fact that must be disclosed because:
- Florida's 'Wellfield Protection Zones' are typically divided into zones based on:
- Florida's 'Coastal Construction Control Line' (CCCL) restricts development seaward of the line to protect:
- Under Florida law, sellers must disclose properties located in the 'Coastal High Hazard Area' (CHHA). This area is:
- Florida requires sellers to provide buyers with a 'Radon Gas Disclosure' statement. This requirement is based on:
Practice More Florida Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Florida Quiz →