Florida Real Estate Broker Exam — All Questions
AllProperty OwnershipLand Use Controls and RegulationsValuation and Market AnalysisFinancingContractsGeneral Principles of AgencyProperty DisclosuresProperty ManagementTransfer of TitlePractice of Real EstateReal Estate CalculationsReal Estate Brokerage BusinessValuing Real PropertyListing & Selling Real PropertyContractsFinancingClosing TransactionsFederal Income Tax LawsInvestmentZoning & PlanningEnvironmental IssuesProperty ManagementThe Real Estate Market
1 questions
Environmental Issues
Liability for cleanup costs under CERCLA is best described as:
- a.Negligence-based, several only, and prospective in effect
- b.Strict, several only, and prospective in effect
- c.Negligence-based, joint and several, and retroactive
- d.Strict, joint and several, and retroactive✓
The Comprehensive Environmental Response, Compensation, and Liability Act imposes strict liability, meaning fault need not be shown; joint and several liability, meaning any one potentially responsible party can be made to pay the entire cleanup cost and must then seek contribution from others; and retroactive liability, reaching disposal that was perfectly lawful when it occurred. Those three features together are why a current owner can be liable for contamination caused decades earlier by someone else. The innocent landowner defense is available only to a purchaser who conducted all appropriate inquiry into prior ownership and use before acquiring the property.