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A Connecticut real estate licensee, Maria, is listing a property that previously operated as a dry-cleaning business for 20 years. The current owner says the business closed five years ago and the building has been vacant since. Which of the following best describes Maria's obligation under the Connecticut Transfer Act?

Correct Answer

D) Maria must advise the seller that the Transfer Act likely applies and that appropriate Transfer Act compliance forms must be filed before or at closing

Dry-cleaning operations are a classic example of a Connecticut Transfer Act 'establishment' because they historically use perchloroethylene (PERC) and other hazardous solvents. The fact that the business has closed does not eliminate Transfer Act obligations — the Act is triggered by past use of hazardous substances, not current operations. Maria's duty is to recognize the Transfer Act implication and advise the seller that compliance forms (Form I, II, or III, as applicable) must be addressed before or at the time of closing.

Answer Options
A
Maria must notify the buyer in writing that the property is contaminated and cannot be transferred until DEEP issues a clearance letter
B
Maria has no obligation because the dry-cleaning business is no longer operating at the time of listing
C
Maria must personally complete a Phase I environmental assessment before the property can be listed
D
Maria must advise the seller that the Transfer Act likely applies and that appropriate Transfer Act compliance forms must be filed before or at closing

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Related Topics & Key Terms

Key Terms:

transfer_actdry_cleanerestablishmentlicensee_dutyhazardous_substances

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