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:
APurchasing the property at a tax sale only
BConducting all appropriate inquiry before purchase and not causing contamination✓ Correct
CObtaining a letter from WV DEP confirming no contamination
DRecording a deed restriction limiting future use
Explanation
The innocent landowner defense under CERCLA requires that the buyer conducted 'all appropriate inquiry' (typically a Phase I ESA meeting ASTM standards) before purchase and had no knowledge of contamination. This defense protects purchasers who unknowingly buy contaminated property.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
ContingencyA 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.
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