Jones went to C & C Bank to apply for a loan on a home he wanted to purchase. C & C Bank loaned the money to Jones because he had excellent credit. C & C never inspected the property Jones was purchasing. Two weeks later, five rusty and leaking 55-gallon drums of a toxic substance were found buried in a creekbed in Jones' backyard. Jones and the Bank's position with regard to liability for
cleanup on the property would be:
a. that CERCLA could not impose strict liability for owners of or lenders of purchase money for contaminated property even if they acquired the property with knowledge of contamination.
b. that they would not be liable as innocent landowners as provided for in SARA and they would have an automatic defense.
c. that if the Bank and Jones made all appropriate inquiry into the previous ownership and uses of the property before purchase, they may not be liable.
d. that if it could be proven that neither Jones nor the bank unlawfully disposed of the toxic waste, they could not be found liable under CERCLA.
c
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