Environmental
Under Massachusetts law, what happens if a property is sold and the buyer later discovers an undisclosed Chapter 21E hazardous material release?
AThe buyer has no recourse after the closing
BThe buyer may have claims against the seller under Chapter 21E liability provisions and Chapter 93A for failure to disclose✓ Correct
COnly the DEP can pursue the seller
DThe buyer must clean up the contamination at their own cost
Explanation
A buyer who discovers an undisclosed Chapter 21E contamination may have claims against the seller under Chapter 21E (which imposes cleanup liability), Chapter 93A (unfair/deceptive trade practice for concealment), and common law fraud.
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