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Rcra Prospective Purchaser Agreement



Since the responsibility of the Confederation is sometimes related to landowners who acquire real estate with knowledge of the contamination, the EPO occasionally receives a request for non-response not to sue potential buyers. Investments in real estate with existing contamination may be uncertain due to the strict liability regime under national and federal law. AAEs benefit buyers by limiting their liability and benefiting the state and local jurisdiction by encouraging environmental rehabilitation, reusing real estate and allowing buyers to offer significant public benefits. ORS 465.255 contains certain legal defences that are particularly relevant to buyers. For example, a person who is already buying contaminated real estate would not be liable under the defence of the “innocent buyer” if the person did not know about the contamination at the time of purchase and did not have to know reasonably. To maintain this defence, the person must have conducted “all appropriate investigations” prior to the purchase of the property. Although Oregon has not adopted an IAA rule, an assessment consistent with the IAA rule (see below) would generally be a satisfactory investigation. Other forms of study may also suffice. In any event, if the assessment were to result in contamination or conditions requiring further examination prior to acquisition, that defence would not be available. NOTE: This information is not intentional and should not be construed as legal advice. Potential buyers should consult a lawyer before purchasing potentially contaminated property. Senate Act 1285 (Killea, Kelley) provides an exemption from liability for lenders and agents for the dissemination of hazardous substances into real estate to which they have a legal interest, but have not directly contributed to the potential release or release of hazardous substances.

Management Note: RP Ownership at Property Over Contaminated Ground Water (MM 90-11, December 1990) The California Land Reuse and Revitalization Act is another option that provides liability protection for a potential buyer who is interested in developing a fallow property. For more information, visit the CLRRA page. Thanks to a recent RCRA agreement on brown surfaces, a new biotechnology campus will be created with a dilapidated secular paint factory in South San Francisco. The California Department of Toxic Substances Control (DTSC) has entered into a sales contract (PPA) with Genentech, one of the world`s leading biotechnology companies, to create an innovative 27-hectare extension of Genentech`s existing campus.


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