Environmental
In Montana, when a seller knows that a property is located on or near contaminated soil but fails to disclose it, they may be liable for:
AOnly a $500 fine from the county
BFraud, misrepresentation, or breach of the Seller's Disclosure Act obligations, potentially including rescission and damages✓ Correct
CNothing if the contamination predates their ownership
DOnly cleanup costs after sale
Explanation
Montana's Seller's Disclosure Act requires disclosure of known material defects including environmental contamination. Failure to disclose known contamination can expose the seller to claims of fraud, intentional misrepresentation, or negligent misrepresentation, potentially allowing the buyer to rescind the transaction and seek damages.
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