Environmental
In Montana, an 'innocent purchaser' defense under CERCLA requires the buyer to demonstrate that at the time of purchase they:
AHad no prior business involvement with the seller
BConducted all appropriate inquiry (due diligence) into environmental conditions and had no actual knowledge of contamination✓ Correct
CPurchased the property for less than market value
DDid not use the property for any commercial purpose
Explanation
The innocent purchaser defense under CERCLA requires the buyer to prove they conducted all appropriate inquiry (AAI) prior to purchase, had no actual knowledge of contamination, and exercised appropriate care after discovery.
Related Montana Environmental Questions
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