Environmental
A West Virginia residential property seller knows of a leaking fuel oil tank in the basement but does not disclose it to the buyer. After closing, the buyer discovers the contamination. The seller:
AHas no liability since the buyer should have discovered it during inspection
BMay be liable for fraudulent concealment and the cost of remediation✓ Correct
CIs protected from liability by the 'as-is' clause if one was in the contract
DCan only be sued for the cost of a home inspection
Explanation
Deliberately concealing known material defects (like a leaking fuel oil tank) exposes the seller to liability for fraudulent concealment, regardless of 'as-is' clauses. Sellers cannot hide behind contractual language to protect themselves from fraud liability.
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