Why must a seller disclose the presence of an underground storage tank?

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The requirement for a seller to disclose the presence of an underground storage tank is based on potential environmental risks associated with such tanks, particularly the risk of soil contamination if the tank leaks. Underground storage tanks often hold substances such as fuel or chemicals that, if they were to leak into the surrounding soil, could lead to significant environmental damage and pose health risks to future occupants.

In many jurisdictions, including Indiana, there are legal obligations around disclosing environmental hazards to protect buyers and the general public. This legal framework is designed to ensure transparency regarding any potential issues that could affect the safety, habitability, and overall value of the property. The presence of a leaking underground storage tank could result in costly cleanup operations and liability issues, thus making the disclosure critical for informed decision-making by prospective buyers.

The other choices do not accurately capture the rationale behind the disclosure requirement. For instance, while the value of the property can be impacted by various factors, the presence of an underground storage tank is more often perceived as a liability rather than an asset. Additionally, the disclosure requirement applies to both commercial and residential properties, not just commercial ones. Finally, while underground tanks can be part of a property's infrastructure, they typically do not enhance the property's physical appearance.

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