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UPDATE: Underground Oil Tank
Question for anyone with knowledge on the topic of underground oil tanks.
I had work the day of inspection so DH was there without me. While I was reading our detailed home inspection report of a house we wanted to buy, the engineer noted an underground oil tank Vent Pipe on the side of the house. He circled and labeled it but there was no label for a fill pipe. The house is GAS and has been updated within the past 12 years.
The buyer is being shady and not giving us answers. It's been 6 days and he's not giving us answers about if the tank is still buried or even if it has been properly abandoned. Our offer was accepted about 2 weeks ago.
My question, can I be proactive and do anything? Call the town to inquire about if that house has filed?
PS- our inspectors environmental report stated a house on the block had a reported leak in the 90s (not the house we are interested in) ... Is this concerning still? Sorry I'm rambling but buying our coop was wayyyy easier than this
Message edited 5/30/2014 1:37:30 PM.
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Posted 5/29/14 9:12 PM  |
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MegZee
My bunny
Member since 5/06 8777 total posts
Name:
Meaghan
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Re: Not getting answers fast enough.... Underground Oil Tank
Don't buy the house if you are not getting answers.
If there is an oil tank leaking and you buy the property, it is your responsibility, doesn't matter if I t started
Leaking before you took ownership.
Can you call the dept of health and see if they have any info?
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| Posted 5/29/14 9:17 PM |
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Re: Not getting answers fast enough.... Underground Oil Tank
An oil tank abandonment has to be filed with the county and the town or village needs proof to close out the permit for a conversion to gas. Check with the county. If it hasn't been filed and abandoned properly I would run, not walk, away. If there is a leak it would bankrupt you.
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| Posted 5/29/14 9:18 PM |
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Re: Not getting answers fast enough.... Underground Oil Tank
Yes I read all about how costly leaking and contaminating would be! No way! If I call the county building department, do you think they will even tell me info regarding the house that isn't even my house? Is there any type of residential confidentiality? I'm so pissed about this! But not attached especially due to this huge red flag. How doesn't he provide a clear answer about something that is an important issue.
I just don't get how he expects to sell his house without these certificates... Clearly he's not.
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| Posted 5/29/14 9:30 PM |
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MegZee
My bunny
Member since 5/06 8777 total posts
Name:
Meaghan
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Re: Not getting answers fast enough.... Underground Oil Tank
It should be public info. You can try a foil request with the town
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| Posted 5/30/14 5:57 AM |
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alli3131
Peanut is here!!!!!!
Member since 5/09 18388 total posts
Name:
Allison
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Re: Not getting answers fast enough.... Underground Oil Tank
Posted by NY Scratch Repair
An oil tank abandonment has to be filed with the county and the town or village needs proof to close out the permit for a conversion to gas. Check with the county. If it hasn't been filed and abandoned properly I would run, not walk, away. If there is a leak it would bankrupt you.
This.
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| Posted 5/30/14 7:05 AM |
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Re: Not getting answers fast enough.... Underground Oil Tank
Posted by MegZee
It should be public info. You can try a foil request with the town
A FOIL request can take a couple of weeks. You can just call the appropriate local government authority. In Nassau County, it's the Department of Health. (This comes up quite a lot with Levitt homes). They have records dating back to the late 80s and can tell you if there is paperwork on file re oil tank abandonment for the property. If it was done 12 years ago, it should be on file. If it was done a long time ago - say the underground tank was abandoned 35 years ago and they then had an above ground tank breaker converting to gas -- then it can be harder to find documentation.
If Nassau Dept of Health has docs on file, they will mail out copies immediately (but only to the homeowner). I've done this several times.
If there's an active, in use underground tank, I always recommend the buyers insist that the sellers properly abandon the tank and install one above ground prior to closing. The cost of doing this is pretty low, but as others have said, the potential for leaks and liability for environmental clean up is the issue, and that can be very costly. So never accept a credit ... Have the sellers do it themselves while they still own the house.
If there's been a gas conversion and you know the underground oil tank is not active, but there's concern about whether it's been abandoned properly, that can be tested by an oil tank abandonment company. So you can try to raise that with the sellers if you can't confirm through documentation.
Good luck!
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| Posted 5/30/14 7:25 AM |
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Mrs213
????????
Member since 2/09 18986 total posts
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Not getting answers fast enough.... Underground Oil Tank
We bought a house with an underground oil tank. We had it abandoned through a reputable oil tank company, they filled it with foam. I did not need to get a permit though, or file anything with the town so how would anyone even be able to check that?
Eta: if you have a tank abandoned legally they do not check for leaks
Message edited 5/30/2014 8:58:23 AM.
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| Posted 5/30/14 8:39 AM |
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Re: Not getting answers fast enough.... Underground Oil Tank
Posted by Mrs213
We bought a house with an underground oil tank. We had it abandoned through a reputable oil tank company, they filled it with foam. I did not need to get a permit though, or file anything with the town so how would anyone even be able to check that?
Eta: if you have a tank abandoned legally they do not check for leaks
The company that handles the abandonment files the paperwork with the appropriate governmental organization (e.g., Nassau County Department of Health in Nassau). It's required.
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| Posted 5/30/14 9:27 AM |
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Re: Not getting answers fast enough.... Underground Oil Tank
UPDATE:
I called Dept of Health and there is no record of a legally abandoned oil tank so......
How do I even know that there IS or ISN'T an underground oil tank if he has gas????
Could it be underground OR was it in the basement? Who would know this information if the seller isn't sure! Uggghhh I'm frustrated
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| Posted 5/30/14 9:30 AM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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Re: Not getting answers fast enough.... Underground Oil Tank
Posted by NY Scratch Repair
An oil tank abandonment has to be filed with the county and the town or village needs proof to close out the permit for a conversion to gas. Check with the county. If it hasn't been filed and abandoned properly I would run, not walk, away. If there is a leak it would bankrupt you.
This. If you asking isn't getting you any answers, then have your attorney ask for them.
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| Posted 5/30/14 9:30 AM |
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jessnbrian
Only God knows His plan for us
Member since 4/13 7238 total posts
Name:
Jessica
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Re: Not getting answers fast enough.... Underground Oil Tank
Posted by WestEndLove
UPDATE:
I called Dept of Health and there is no record of a legally abandoned oil tank so......
How do I even know that there IS or ISN'T an underground oil tank if he has gas????
Could it be underground OR was it in the basement? Who would know this information if the seller isn't sure! Uggghhh I'm frustrated
If it were done 30-40 years ago, this wouldn't worry me so much, but the fact that you know it was done in the last 10 or so years, it's a big deal to me.
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| Posted 5/30/14 9:31 AM |
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Mill188
LIF Adult
Member since 3/09 3073 total posts
Name:
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Re: Not getting answers fast enough.... Underground Oil Tank
If you are unsure, don't buy the house. We walked away from a deal because there was an underground tank that the homeowner abandoned by himself - but he swore to us that he did it properly. There was no certificate of abandonment. Most sellers will NOT allow a company to come in and test the soil before purchased because if there is an issue, the testing company is legally required to report it to the EPA and then the homeowner is responsible for the cost to cure - which can be hundreds of thousands of dollars.
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| Posted 5/30/14 9:51 AM |
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Katareen
5,000 Posts!
Member since 4/10 7180 total posts
Name:
Katherine
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Not getting answers fast enough.... Underground Oil Tank
I would either make the current HO pay to have it abandoned properly, or walk away from the deal.
The abandonment isn't very expensive and he honestly will have a very hard time selling without the proper certificates filed.
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| Posted 5/30/14 10:32 AM |
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NYCGirl80
I love my kiddies!
Member since 5/11 10413 total posts
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Re: Not getting answers fast enough.... Underground Oil Tank
Our attorney wrote it into our contract that the sellers had to produce a valid certificate of abandonment or the contract was invalid. Our mortgage company also required one.
If the owners are being shady, you can try to go to contract on the house, but I'd make sure your attorney is aware and handles this in your favor.
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| Posted 5/30/14 10:33 AM |
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Re: UPDATE: Underground Oil Tank
UPDATE AGAIN:
So seller spoke to our RE and said a) he will fix the little things we wanted inside the house and accepted our 3,000 less offer
ANDDDDD
He said he will take care of the OIL TANK!!!!!! He said he understands our concerns and will test the ground and then take care of the tank.......not sure if he is abandoning or removing....didn't get to talk to DH for long about it
But thats good right??
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| Posted 5/30/14 1:40 PM |
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Cheeks24
Living a dream
Member since 1/08 8589 total posts
Name:
Cheeks
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Re: UPDATE: Underground Oil Tank
Posted by WestEndLove
UPDATE AGAIN:
So seller spoke to our RE and said a) he will fix the little things we wanted inside the house and accepted our 3,000 less offer
ANDDDDD
He said he will take care of the OIL TANK!!!!!! He said he understands our concerns and will test the ground and then take care of the tank.......not sure if he is abandoning or removing....didn't get to talk to DH for long about it
But thats good right??
They can actually do a sweep of it to check to see if there is one underground.
I would either be there in person when this is going to be scheduled and have the papers sent to your lawyers showing that the ground was tested and that it was abandoned properly.
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| Posted 5/30/14 4:08 PM |
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Re: UPDATE: Underground Oil Tank
Posted by WestEndLove
UPDATE AGAIN:
So seller spoke to our RE and said a) he will fix the little things we wanted inside the house and accepted our 3,000 less offer
ANDDDDD
He said he will take care of the OIL TANK!!!!!! He said he understands our concerns and will test the ground and then take care of the tank.......not sure if he is abandoning or removing....didn't get to talk to DH for long about it
But thats good right??
We removed an ABONDONED oil tank for our buyers. It was a PITA because the previous home owners abandoned it and filed all the paperwork and everything was legit through the town.
If the removal company finds any pinholes (there is a certain way they abandon a tank ) they have get the EPA involved and test need to be done. Be prepared to walk away because if there is a pinholes in that tank , the soil testing is very expensive. We payed close to $3000. My neighbor paid $40K because they have a leak.
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| Posted 5/30/14 5:13 PM |
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Mrs213
????????
Member since 2/09 18986 total posts
Name:
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UPDATE: Underground Oil Tank
I am surprised they agreed to test the soil. Don't be surprised if their lawyer advises them not to do that and the agreement changes.
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| Posted 5/30/14 8:39 PM |
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