When writing an offer I will usually word it that a buyer may perform oil tank locate, but if an abandoned tank is found, the seller has to do soil samples & decom. the tank. That way the buyer doesn't have to pay for soil samples. Most sellers agree to this, but sometimes they don't want to pre-negotiate decommissioning and will just give permission for the locate or perhaps ask buyer to do soil samples. In the majority of transactions though, the seller will decommission an oil tank, so why should the buyer spend money to determine whether it is leaking or not?

I recently had a seller say we can search for a tank, but if one was found, we were not allowed to test. My buyer accepted that, but there were extenuating circumstances, and we were pretty sure there wasn't a tank. Likely if a tank was found and the seller held firm, the buyer would have revoked her offer.

I would advise any buyer to walk away if a tank was found and the seller would not allow soil sampling.

Contact me directly if you need some names of good oil tank companies for locates, soil samples or decommissioning.

Oregon DEQ Requirements under their HOT (Heating Oil Tank) program are available at: http://www.deq.state.or.us/lq/tanks/hot/buyingselling.htm

When an offer is written to purchase a home that has or had a heating oil tank, either above or below ground, that is the time to specify in the offer that the buyer intends to conduct soil sample testing using a DEQ approved contractor, during their inspection period.

Recently, DEQ approved contractors have required written approval from the seller before they conduct the testing, since the test results are required to be submitted to the Oregon DEQ if a leak is detected. In Oregon, the seller is responsible for clean-up if there has been a reported leak.

Bottom line, as a buyer you should make it clear to the seller at the time of initial offer that you intend to have soil testing done. The results will either provide peace of mind (clean test) or full knowledge, requiring the seller to clean-up the contaminated area.

There is more to add to this discussion, so you should talk with your realtor who should be able to dicsuss contingency periods, etc with you.

Best wishes!
Sally Mehalovich
Amerivest Realty http://www.PDXHomePros.com
sally.realestate@live.com
503-781-7575

Not that they need my approval but I gave Sally and Eric thumbs up. All others were also correct . Too many times inexperienced real estate agents dont even think about oil tanks. They are quite prevalent around older areas in Oregon. Imagine the potential suit if one were to fall through a rusted out tank! Think about having to pay for decontamination of surrounding soil after you are all happily moved into your new home.

It is not an obligation, but honestly I'd expect most sellers to comply, the buyer needs to know what they are purchasing!

It is a negotiated point. If the seller thinks there might be contamination and refuses to allow for testing it would be a great case to come back after the seller when closed that the seller knew of the potential leak and that is why they would not allow the test to be done prior to closing. When the test is done and there is a leak, who ever is the owner of the property has to tell the state of Oregon who is and how they are going to clean up the leak.
Good luck,
Tom Inglesby

There is no obligation. It is negotiable between the two parties. However, if a seller refused, I would expect the buyer to terminate their offer to purchase.

What you would/should do is; put a contingengy in the Offer for Soil Testing;
You can say that you must have the soil tested, or you can say what you expect the soil test to reveal.
Talk to your Buyer's Agent.

Good luck and may God bless