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Az Environmental Land UseAdeq_regulationsMEDIUM

At Red Rock Desert Properties in Casa Grande, a property has known floodplain or contamination flags and the seller wants to omit them because they are 'government map issues.'. Each of the following statements about adeq regulations is generally true in Arizona EXCEPT.

Correct Answer

C) mapped issues never need discussion because buyers can search public records

This is the exception. Under ADRE Buyer Advisory; Arizona disclosure practice; ADEQ materials; ADRE Buyer Advisory; ADEQ brownfields materials; ADEQ brownfields materials; Arizona due-diligence practice, Arizona does not treat the issue this way. Instead, known environmental or site limitations can still be material in Arizona transaction practice even if they also appear in public records or maps.

Answer Options
A
pointing a buyer toward due diligence is not the same as warranting a clean environmental condition
B
a Phase I environmental review is a due-diligence tool that looks for recognized environmental concerns rather than a cleanup warranty
C
mapped issues never need discussion because buyers can search public records
D
site-condition concerns can matter in transaction due diligence even before any enforcement case exists

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Related Topics & Key Terms

Key Terms:

arizona_specificenvironmentalfloodplaincontaminationadeq_regulationsreverse_question

Related Concepts

A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.

Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.

An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.

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