Oil Tank Fill Proration
Most residential oil tanks have a 275 gallon capacity, however oil companies typically will not fill a tank completely. To determine how much oil is in a tank, I suggest using 260 gallons as a full tank base measurement.
Lee P. Johansen
Keller Williams Realty Metropolitan
168 South River Rd. Suite 1A, Bedford, NH 03110
Licensed in New Hampshire
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Lee is right Paragraph 10 states
"Taxes, Condo Fees, Special Assessments, Rents, Water and Sewage Bills and Fuel in Storage shall be pro-rated as of date and time of closing".
Unfortunately the agent did not explain that to you when he or she went over the purchase and sales agreement. So yes you are responsible.
Prudential Verani Realty
Typically, contracts do spell out the need for prorations associated with a transaction. taxes, HOA fees, fuels etc. are some typical items previously purchase by the owner that are considered. Thus, it's likely that there will be other prorations associated with your purchase as well.
People associated with real estate transactions can't make up things as they go along. Guidelines are established that must be followed. Consider contacting the attorney or title company doing your closing for an explanation and clearer understanding of the expenses associated with your transaction.
However, very likely yes. Often, the amount of fuel is calculated and that cost is paid by the buyer.
Now, if it's truly, honestly not in there . . . . then (and I'm not a lawyer so this isn't legal advice) perhaps not. It'd be like buying a house with boxes the seller left in the attic. You're buying the property and everything in it.
But oil in the tank is handled sort of similarly (roughly) to taxes that the seller may have already paid on the property. Let's say the seller paid half a year's property taxes on July 1. At closing, the seller gets reimbursed for the amount of taxes paid that are applicable after your purchase of the house.
So check the contract. And certainly ask your own Realtor. (Uh oh. You DO have your own Realtor, don't you?). Don't rely on the listing agent for such advice.
Hope that helps.