Environmental
In Texas, the 'innocent landowner' defense under CERCLA is best obtained through:
AVerbal assurance from the seller
BConducting a Phase I ESA before purchase and obtaining a representation in the purchase agreement about known contamination✓ Correct
CPaying a lower price to account for environmental risk
DNot recording the deed for the first year
Explanation
The innocent landowner defense requires all appropriate inquiry (Phase I ESA) before purchase, no actual or constructive knowledge of contamination, and acquisition by purchase (not inheritance). Contractual representations from the seller provide additional protection.
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