Environmental
In New York, the 'innocent purchaser' defense to CERCLA liability requires that the buyer:
ASimply pay the lowest possible price
BConducted all appropriate inquiry (Phase I ESA) before purchase and had no knowledge of the contamination✓ Correct
CPurchased at a foreclosure sale
DIs a municipality or government entity
Explanation
The CERCLA innocent landowner defense requires that the buyer performed all appropriate inquiry (meeting ASTM E1527 standards for Phase I ESAs) prior to acquisition and had no knowledge of contamination. Without pre-purchase inquiry, the defense is unavailable.
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