Contracts

A West Virginia buyer who discovers a latent defect after closing that was known to the seller but not disclosed may sue the seller for:

ASpecific performance
BFraudulent concealment or misrepresentation and seek damages or rescission✓ Correct
CPunitive damages only under federal law
DNothing — the buyer accepted the property at closing

Explanation

A seller who knowingly conceals or fails to disclose a material latent defect may be liable for fraudulent concealment or misrepresentation. The buyer may seek rescission of the sale and/or monetary damages.

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