Environmental
An innocent landowner defense under CERCLA requires that the owner:
ASimply purchase the property after contamination occurred
BConducted appropriate inquiry (all appropriate inquiries) before purchase and had no knowledge of contamination✓ Correct
COnly use the property for residential purposes
DVoluntarily disclose the contamination to the EPA
Explanation
The innocent landowner defense under CERCLA requires the owner to show they conducted all appropriate pre-purchase inquiries and had no knowledge of contamination at the time of acquisition.
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Key Terms to Know
Option Contract
A contract giving the buyer the right, but not the obligation, to purchase a property at a specified price within a specified time period.
Title InsuranceInsurance protecting against financial loss from defects in a property's title that existed before closing but were unknown at the time of purchase.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial 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.
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