What this section covers: Lead-based paint, asbestos, radon, mold, Underground storage tanks, brownfields, CERCLA, Flood zones and wetlands, Disclosure obligations and liability.
5 free practice questions
Click an answer: you see at once whether it is right, with the explanation.
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Question 1Before a buyer is obligated to buy a 1965 house, how long must the seller allow for a lead-based paint inspection or risk assessment, unless the parties agree otherwise in writing?
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Answer: B — 10 days.
The seller must give the purchaser a 10-day period to conduct a risk assessment or inspection, unless the parties agree in writing on a different period. The buyer may also waive it in writing.
Checked against: 40 CFR 745.110 Opportunity to conduct an evaluation
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Question 2A radon test in a home's lowest lived-in level shows 5 picocuries per liter (pCi/L). What does the EPA recommend?
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Answer: C — Fix the home, because the EPA recommends action at 4 pCi/L or more.
The EPA recommends fixing a home with radon levels of 4 pCi/L or higher and considering a fix between 2 and 4 pCi/L. Radon is a colorless, odorless radioactive gas that comes from the soil and is a cause of lung cancer.
Checked against: EPA Health Risk of Radon, risk chart (fix your home at 4 pCi/L)
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Question 3Asbestos insulation is in good condition and unlikely to be disturbed. Which approach is often appropriate?
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Answer: D — Encapsulation (sealing it) or leaving it undisturbed and monitored.
Asbestos is most dangerous when it is friable, crumbling and releasing fibers into the air. Intact material is often encapsulated or left in place; disturbing or removing it should be done by trained professionals.
Checked against: National outline VI.A.1.b Asbestos, radon, and mold
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Question 4Under CERCLA (the Superfund law), who can be held liable for the cost of cleaning up hazardous substances on a property?
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Answer: A — Responsible parties, which can include current and past owners, even if they did not cause the contamination.
CERCLA provides for liability of persons responsible for releases of hazardous substances, and liability can reach current and past owners and operators, not only the polluter. It also created a trust fund for cleanups when no responsible party can be identified.
Checked against: EPA Superfund: CERCLA Overview
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Question 5A seller knows that the foundation has a hidden crack that lets water in, but the defect cannot be seen during a normal inspection. This is a:
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Answer: B — Latent defect that must be disclosed.
A latent defect is a hidden defect that a reasonable inspection would not reveal. Sellers and their agents must disclose known material latent defects; selling 'as is' does not excuse concealment or fraud.
Checked against: National outline VI.B Environmental and property disclosure obligations and liability
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