A person may qualify as a Bona Fide Prospective Purchaser if, among other requirements, such person has made All Appropriate Inquiries into previous ownership and uses of the facility prior to the date of purchase. Knowledge of contamination resulting from All Appropriate Inquiries would not generally preclude the protection from liability. CERCLA liability is limited to unrecovered response costs to a lien on the property for the lesser of the unrecovered response costs or increase in fair market value attributable to EPA's response action.

The person must have acquired the property after January 11, 2002 and after all disposal of hazardous substances have ceased.