Paul thanks for that very forthright answer...what a great suggestion the local construction office...since we are not ready to give up on this property yet we will try that thanks!

Mon Jun 30 2008, 17:55

This statement was made by "Jeremy".
++++
"Information contained on the home inspection belongs to the person who actually performed the inspection. So asking the seller for a copy of their inspection even if they have available is pointless."++++

It is misleading. Once the buyer gives the seller a home inspection report they have no obligation to keep it confidential. In fact, they have a legal obligation to tell buyers of any known defects. So does the agent. You can condition your contract on the seller providing a copy of the prior home inspection report if there was one. If they don't do it - assume the worst. If they had a prior home inspection (when they bought) and it does not mention an UST there might not be one but the seller might not want to make that representation since they don't have any first hand knowledge of it.. Another place to check is the local construction office. If one was removed, there should be a record.
Paul Howard

Mon Jun 30 2008, 17:39

Thank you all for the advice. Jeanne that is very good to know and thank u for recognizing it as an issue especially in NJ....there are many Agents who we have spoken with who don't seem to care about this issue and how much it will cost and the fact that it has an environmental affect, etc....and the fact that it will prolong a move, date, requires another person to hire, etc, etc etc.....it is a "mess" that some are not willing to deal with....on some levels it may be a deal breaker for us...we have to sit with it and see...
I am really not comprehending why these Seller's dont take care of this issue before placing their house on the market...I appreciate when they tell me upfront when I go to the open house but come on! Despite that it is a Buyer's Market, our search for a home seems to get so complicated with Seller's who are unwillingly to cooperate or don't have any info. on their home in the disclosure statement...it baffles me because myself and my wife are quite thorough and want to make sure what we are getting into before we buy any property. So we do whatever it takes to be educated and get more and more info. to protect ourselves and the property we want to invest in.....

Mon Jun 30 2008, 11:06

Hi KGordan, to your question, is it possible to ask the seller for their prior home inspection? Certainly you can ask - they are not obligated to provide it but you can ask. Though your agent you can make it clear that your comfort with moving ahead with an offer depends on you having a better understanding of the issue. That may motivate them to cooperate. Having said that, as pointed out in prior responses, it is quite possible that the seller may not know whether there is an abandoned tank and/or it may not have been an area of focus when they bought.

You are wise to care about the issue - if it is discovered that there is an abandoned oil tank underground, then you will push back and have the seller remove,test, and remediate if necessary. I undertand that you may not want to incur expense in the discovery but it may be necessary. The money spent will be well worth it either way.

I find that standard language in sales contracts, as amended during attorney review, is that if an underground oil tank is discovered, you, the buyer have the right to cancel the contract. You also have the protection of you inspection contingency if discovered and action is requested and denied by the seller, this certainly rises to the level of a major inspection matter.

Work with a good agent if you aren't already. Also find yourself a good real estate attorney. You've identified an issue here that is important and you will do well to have pros on your side guiding you through the process.

Good luck to you!

Best,
Jeannie Feenick
Weichert Realtors
Search and connect at http://www.feenick.com

Mon Jun 30 2008, 04:18

KGordon,

Hello again. If the seller's inspector did not find any evidence of an underground oil tank then no, they would not know that one exists so therefore they are not being dishonest. Perhaps their agent or inspector at the time never mentioned or questioned about an underground oil tank and the issue arose. In the event that they do know, it must be disclosed by them. It is in your best interest that you do your due diligence to find out if one exists or ever existed or it may have been in the basement or above the ground outside.

You keep reference "their" agent - are you not working with your own buyer's agent? Off the beaten track here, but if you are not working with your own agent, I recommend you use one.

Good luck.

Gina Chirico, Sales Associate
Prudential New Jersey Properties
973-715-1158 cell
973-239-7700 ext 132
GinaChirico@PruNewJersey.com

Sat Jun 28 2008, 18:56

KGordon,

Information contained on the home inspection belongs to the person who actually performed the inspection. So asking the seller for a copy of their inspection even if they have available is pointless. It is good that you are being cautious but truth is that the home owner may not know if there is an abandoned tank or not. This is normally a safe answer for a homeowner who never actually investigated to see if there is one. They may not have had a home inspection or their inspectior did not find one. Perhaps they may have not been that educated on the process when they made the purchase. Nonetheless it is your respondsibility to protect your interest by doing your due diligence. I would never trust the oral or written word of a seller when making a purchase. So even if I was told a condition did not exists I would still have a qualified professional inspect and give a report for me. What is the age of the home? What type of heating and cooling system is in place? What is the age of those systems? The answers to these questions can assist you in coming to the right conclusion. I wish you well in your purchase

Best Regards,

Jeremy S. Hill, Realtor
Keller Williams Realty
www.southnewjerseyhomes.com
1814 Route 70 East
Cherry Hill, NJ 08003
Office: 856.685.1651
Fax: 856.321.1414
Direct: 609.876.5817
"Your Interest 1st Always!"

Sat Jun 28 2008, 16:30

Peter, thank you for the suggestions. We ofcourse don't want to move forward without knowing this information, but we were told we should hire someone to look for one because the sellers don't know. Again, I find this hard to believe since they bought the home in 2000 from someone else. One would think they would have answered this question with their Home Inspection. So is it possible to ask them to reveal their Home Inspection to us?

Sat Jun 28 2008, 15:29

It would not be a good idea to buy a house without answering that question with the assumption you can later sue the previous owner. If you go ahead with the puchase your lawyer should require an answer to the question thus creating a paper trail.
Since a goodly number of older houses in this area were heated with oil at some time asnd if its an older house may have been converted many years ago and the tank abandoned beforewe realised the hazards the posed.
When you do the inspection your inspector should be able to spot the tell tale signs of a previous oil system but there are also a number of specialist irms that will come and do a survey of the property to look for an abandoned tank.
www.tankinspections.com, ASW Tank services or Disposal Systems inc are 3 the I happen to have literature on. Cost seems to be between $150 and $300. Of course if a tank is found it is the responsiility of the seller to take care of it.
Good luck.

Sat Jun 28 2008, 13:05

It's the sellers' responsibility to remediate or remove the tank, it's the buyers' responsibility to discover if there is one. A good home inspector will look for signs of one without a separate tank search, such as a leftover fill pipe outside or evidence of a second fill hole in the wall of the basement. Of course, the seller probably does know, unless they bought the home without an inspection, which very few have done since the early 90's. I would speak to your home inspector, and see what they have to say. Of course, if the house was built before 1940, it is very likely there was one -- but it may have been in the basement, in which case you and the sellers are home free! Good luck!

Sat Jun 28 2008, 12:51