Question
Seller inherited a parcel of real property from her grandfather and has been living in a house on the property for 25 years. The property
Seller inherited a parcel of real property from her grandfather and has been living in a house on the property for 25 years. The property is located in Clear Spring, Maryland. To prepare to sell the house, she began cleaning out the basement and attic. In the attic, she discovered some photographs and documents that indicate that her grandfather stored a chemical in holding tanks beneath the property. (See picture below.) Seller believes that her grandfather imported the chemical GHB-234 from Germany to spray fruit trees to reduce the insect population. In 1940, fearing that a war with Germany might make it difficult or impossible to get more of the chemical, he built three underground holding tanks in which to store GHB-234. The area where the tanks appear to be located are on an unused, remote part of the property. The tanks have not been used since 1945 and Seller is sure that she is the only one who knows about them. Seller knows that many chemicals manufactured during that time were later found to cause cancer, but she is not sure whether this is one of the carcinogenic chemicals. In addition, Seller does not know whether there is any GHB-234 in the holding tanks, whether any has seeped out of the tanks (which are made of concrete), or whether the tanks would cause problems for anyone who wanted to build above them.
Seller has come to you to determine what obligations she has towards a prospective Buyer. Does she have an obligation to tell prospective Buyers about the holding tanks? Explain your answer.
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