Ohio Makes Investigation Defense to Environmental Liability Consistent with Federal Law

in News, Real Estate

Effective September 15, 2020, purchasers of real property who meet the requirements to avoid environmental liability under the Federal Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) will also automatically satisfy those requirements and avoid environmental liability under Ohio law. Ohio has enacted Section 3746.122 of its Revised Code which essentially provides that if a purchaser of real property in advance of completing the purchase performs due diligence which would protect that purchaser from liability under CERCLA, it will also protect that purchaser from liability under Ohio law. This protection under both Ohio and federal law basically turns on the purchaser’s good faith ignorance of any environmental issues and certain investigation of the property in advance of its acquisition.

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