Environmental
A Massachusetts real estate agent who lists a commercial property with a prior industrial use should recommend to the seller that:
ANo environmental disclosure is needed for commercial properties
BA Phase I Environmental Site Assessment be conducted to identify potential contamination issues✓ Correct
COnly a Title 5 inspection is needed
DThe buyer is solely responsible for environmental due diligence
Explanation
For commercial properties with prior industrial use, recommending a Phase I ESA protects both the seller (from undisclosed liability issues) and the buyer (from acquiring contaminated property unknowingly). It is standard due diligence for commercial real estate transactions in Massachusetts.
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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.
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.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Adverse PossessionA 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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