An investor knowingly bought a contaminated former factory in 2026 after completing compliant pre-acquisition inquiry. After closing, the investor removed protective caps, ignored leaking drums, and simply posted a general warning sign while marketing the site for resale. Which statement is most accurate under CERCLA?
Correct Answer
B) Even a buyer who knew of contamination can lose BFPP protection by failing to take reasonable steps and meet continuing obligations
A buyer may purchase known contamination and still seek BFPP protection, but that protection depends on continuing obligations after closing. Failing to take reasonable steps to stop continuing releases or prevent threatened future releases can jeopardize the protection.
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Previous Question
In 2026, Omar bought a warehouse parcel after completing a compliant pre-purchase environmental inquiry that found no evidence of contamination on his land. A year later, groundwater contamination was discovered migrating from the neighboring dry-cleaning site onto Omar's parcel. Which statement is most accurate under CERCLA?
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