Legal Question in Real Estate Law in Virginia

Re: UST Disclosure

A seller who doesn't disclose known defects including an underground storage tank can be sued by the buyer after the defect is discovered. The key is that the seller must have actual knowledge of the tank. If so, the seller may then be responsible for the costs of repairs and other damages resulting from the undisclosed defect. A seller may also be ordered to take the property back if a judge "rescinds" (invalidates) the sale because the seller didn't disclose defects. They can also be held responsible for the buyer's attorney's fees.

Re: UST Disclosure

Only if the sellers misprepresented the matter after you specifically asked them about it, thereby fraudulently inducing you to purchase the property. In the absence of such specific questioning of the sellers on your part regarding such a storage tank or similar structure buried on the property, under Virginia law they had no duty to disclose it to you.

Re: UST Disclosure

The foregoing answer also assumes that the sellers engaged in no other affirmative measures to conceal from the buyers the existence of the storage tank and that a disclaimer was provided to the buyers in accordance with the Virginia Residential Property Disclosure Act that the property was being sold "As Is".