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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Related Topics & Key Terms
Key Terms:
Related Concepts
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
More Land Use Controls Regulations Questions
The 'innocent landowner' defense under CERCLA requires:
A buyer purchases a home in a subdivision whose CC&Rs, recorded in 1975, limit each lot to single-family residential use. The buyer begins operating an auto body repair business out of the garage, with customer vehicles parked on the lot and a spray booth in the driveway. The CC&Rs say nothing about home-based businesses. Can the HOA stop the business?
Permission to depart from a requirement of the zoning ordinance for a single parcel is obtained through a:
Zoning ordinance compliance is monitored through:
The main difference between private and public land controls is:
- → A government plan guiding long-term physical development is:
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- → A homeowner in an HOA community wants to install solar panels on her roof. The CC&Rs do not address solar panels. The HOA's architectural review board denies the request, citing aesthetic concerns. In many jurisdictions, how do solar access laws affect this dispute?
- → In a planned community, what is the primary role of the homeowners' association (HOA)?
- → What does the term 'covenants, conditions, and restrictions' (CC&Rs) refer to in real estate?
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- → A developer creates a 200-lot subdivision and records a declaration of CC&Rs before selling any lots. The CC&Rs include architectural review requirements, landscaping standards, and HOA membership obligations. When a buyer purchases Lot 45, how is the buyer bound by the CC&Rs?
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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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