In August 2026, Leo closed on an older industrial parcel without ordering any environmental inquiry. After closing, he commissioned a Phase I environmental site assessment and asked whether that late report could preserve a CERCLA landowner defense based on pre-purchase diligence. Which answer is best?
Correct Answer
C) No, because all appropriate inquiries must be completed before acquiring the property
CERCLA's all-appropriate-inquiries requirement is a pre-acquisition requirement. A buyer generally cannot retrofit the defense by ordering the inquiry only after title has already been taken.
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Previous Question
In June 2026, Aria considered buying a former dry-cleaning property after a consultant found known solvent contamination. She still wanted to buy the parcel for redevelopment and asked whether any CERCLA protection could still be available. Which answer is best?
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A buyer's attorney recommended a Phase I environmental site assessment for a former auto-parts warehouse before closing in 2026. What is the main purpose of that Phase I review?