Environmental
A Texas commercial property that has environmental contamination may qualify for the 'innocent landowner' defense under CERCLA if the buyer:
ADid not know about the contamination
BConducted proper all appropriate inquiry (AAI) before purchase and had no knowledge of contamination✓ Correct
CPurchased the property at a tax sale
DDid not cause or contribute to the contamination in any way
Explanation
The innocent landowner defense under CERCLA requires that the buyer conducted all appropriate inquiry (AAI) before purchase (typically a Phase I ESA) and did not know or have reason to know of contamination. Proper due diligence is essential.
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