January 2018 LACBA MCLE Test and Answer Sheet

 

Test No. 274: A Clean Bill of Sale

To access the article related to this test, please click here. The article will open in a separate window.
  
Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles County Bar Association
Los Angeles Lawyer MCLE Test
P.O. Box 55020
Los Angeles, CA 90055

Make checks payable to Los Angeles County Bar Association

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-study activity.

6. For future reference, please retain the CLE test materials returned to you.


 

Test Sheet
 



  
Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. Contaminated sites throughout Southern California are primarily a result of the pervasiveness of gas stations in the region.


2. Federal and state environmental statutes can hold responsible current owners, past owners, lessees, and operators.


3. Environmental agencies such as the California State Regional Water Quality Control Board do not make accessible online database information about contaminated sites they regulate.


4. A Phase I report identifies environmental conditions and also includes site sampling for contaminants.


5. A seller of property is obligated to allow a prospective buyer to conduct site testing for contamination.


6. It is more likely for petroleum-related contamination to be determined to pose a low threat to human health than contamination from chlorinated solvents.


7. Operations that use PCE or TCE, e.g., dry cleaners, can often result in contamination to soil, soil vapor, and groundwater.


8. When considering the purchase of a commercial or industrial building, it is not necessary to inspect any of the building materials themselves for potentially hazardous materials.


9. A closure or no further action letter may be “re-opened” by an agency.


10. The recent focus of environmental agencies on the issue of indoor vapor intrusion has led to closed sites being reopened for further testing.


11. Allowing for preclose environmental testing by the prospective buyer is always a good idea for the seller because it will help to close the transaction.


12. It is prudent for a seller and buyer to enter into a site access agreement before a buyer conducts testing on the seller's property.


13. Environmental indemnifications between a buyer and seller can be tailored as to scope of time and specific contaminants and chemicals that are included or excluded within the indemnification.


14. Insurance policies from the early 1980s are no more valuable than recent policies with regard to providing protection from environmental claims.


15. It is a good idea for an owner to conduct an environmental prescreen of a prospective tenant's operation and chemical usage because an owner may be held liable for its tenant's contamination.


16. It is prudent for a lessor to establish an environmental baseline of the condition of its property and past chemical usage before the commencement of a lease.


17. Certain environmental agencies offer a cost oversite agreement whereby an owner can have the agency review and approve its remediation plans for a cost.


18. Cleanup standards do not vary between commercial uses and residential or school uses.


19. If a seller is aware of its property's contamination, it need not disclose it to the buyer if the deal is an "as-is" transaction.


20. The California Land Reuse and Revitalization Act provides bona fide purchasers and innocent landowners a process to conduct site assessment and implement a cleanup action in exchange for being provided with governmental immunity against agency action.

 


Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.