West Virginia Commercial Required Disclosures

West Virginia's residential disclosure requirements (CO poisoning, meth contamination, nonrefundable fees) do not extend to commercial tenancies. The commercial market operates under caveat emptor, and tenants are expected to conduct their own due diligence.

Minimal Statutory Requirements

There is no statutory commercial disclosure package in WV. However, landlords should be aware of:

Environmental Disclosures

• Hazardous waste: Any known contamination should be disclosed (CERCLA liability applies to current and former property owners).
• Underground storage tanks: WV has specific UST regulations. Landlords should disclose any active or decommissioned tanks.
• Asbestos: For pre-1980s buildings, the presence of ACMs should be disclosed.

Agency Relationships

Commercial leases should disclose any agency relationships (e.g., if the landlord's broker also represents the tenant).

Mining and Mineral Rights

Unique to West Virginia: properties may have severed mineral rights (coal, oil, gas). The lease should address whether the landlord retains mineral rights and whether mining/drilling activities could affect the premises.

Fraudulent Concealment

Despite caveat emptor, a landlord who knowingly conceals a material defect can face liability for:

• Fraudulent misrepresentation.
• Lease rescission.
• Compensatory and punitive damages.

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