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Pa Seller DisclosureEnvironmental_disclosuresMEDIUM

A buyer in Pennsylvania discovers after closing that the seller knew about a buried oil tank that was never disclosed on the Property Disclosure Statement. The PA DEP has confirmed the tank is leaking. Under 68 Pa.C.S. §7311, what can the buyer seek?

Correct Answer

A) Actual damages including cleanup costs, diminished property value, and any other losses resulting from the seller's knowing failure to disclose

Under 68 Pa.C.S. §7311, the buyer can seek actual damages resulting from the seller's knowing failure to disclose. This can include environmental cleanup costs, diminished property value, relocation costs, and other losses directly attributable to the undisclosed condition.

Answer Options
A
Actual damages including cleanup costs, diminished property value, and any other losses resulting from the seller's knowing failure to disclose
B
Only the cost of testing for contamination
C
A criminal conviction against the seller
D
Only the original purchase price as a refund

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Related Topics & Key Terms

Key Terms:

buried_oil_tankleaking_tankactual_damagescleanup_costs68_pacs_7311

Related Concepts

A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.

Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.

Radon disclosure involves informing buyers about the presence or potential presence of radon gas in a property. Radon is a naturally occurring radioactive gas that can accumulate in buildings and is the second leading cause of lung cancer.

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