Environmental
CERCLA (the 'Superfund' law) affects West Virginia real estate by:
ARequiring radon testing for all residential sales
BMaking current and past property owners potentially liable for cleanup of hazardous substances, even if they did not cause the contamination✓ Correct
CProviding grants for historic preservation
DRegulating timber harvesting near streams
Explanation
CERCLA imposes liability on current owners, past owners, operators, and others for the cleanup of hazardous substance contamination. Even innocent purchasers can face liability, though bona fide prospective purchaser defenses exist.
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- CERCLA (Superfund) in West Virginia creates liability for cleanup of hazardous waste sites based on:Environmental
- The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, may affect West Virginia real estate because:Environmental
- CERCLA (the federal Superfund law) imposes liability for hazardous waste cleanup on:Environmental
- Under the federal CERCLA statute, a prospective purchaser of a contaminated West Virginia property can potentially avoid liability by qualifying as an 'innocent landowner.' This requires:Environmental
- In West Virginia, a seller's agent owes which duties to a prospective buyer who is NOT their client?Agency
- A West Virginia real estate agent tells a prospective buyer there are 'no available listings in that area' when in fact there are listings, because the buyer belongs to a protected class. This is an example of:Fair Housing
- A West Virginia property owner wants to use residential land in a way not permitted by the current zoning ordinance. The owner can apply for a:Land Use & Zoning
- A licensee in West Virginia who fails to disclose a material fact to a buyer may face which of the following consequences?West Virginia License Law
Key Terms to Know
Fiduciary Duty
The highest legal duty an agent owes to a principal — requiring the agent to act in the principal's best interest above all others.
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
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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