Environmental
An 'innocent purchaser' defense under CERCLA allows a property buyer to avoid Superfund liability IF they:
APurchased the property at a tax sale
BConducted an appropriate all-appropriate-inquiry (AAI) investigation before purchase and did not cause or contribute to contamination✓ Correct
CPurchased the property before 1980
DAre an individual, not a corporation
Explanation
The innocent landowner defense under CERCLA requires the purchaser to have conducted all appropriate inquiry (typically a Phase I ESA) before purchase and to have had no knowledge of contamination.
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Key Terms to Know
Contingency
A condition in a purchase contract that must be satisfied before the sale can proceed to closing.
Purchase AgreementA legally binding contract between a buyer and seller that outlines the terms and conditions of a real estate sale.
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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