[tlknows]

Can you legally sell a house in New Milford, CT with an underground oil tank? I want to buy a house in New Milford however, the oil tank is underground and the seller wants us to have someone come out and see if there is an oil leak before he decides to do anything. I thought there was a law that passed stating oil tanks are no longer allowed underground. HELP! I want the house but this sounds completely sketchy.

[AmyBergquist]

There is no state law that says you have to remove an underground oil tank if it is not leaking. Here's some interesting info on the topic... http://www.ct.gov/dep/lib/dep/underg...STguidance.pdf

However, check with the town building department or fire marshall to see if there are specific ordinances related to New Milford.

If you buy the house with the oil tank, just realize at some point you will probably have to have it removed because it will start leaking or the next buyer will push to have you remove it. Ask your real estate agent what they would advise. Good luck!

[Rich Lee]

I believe the only state to require it is New Jersey.

[skaneatelesmom]

Have it a successful test result as a contingency on your contract. If the soil test fails, (repeat test if borderline) have the owner remove and clean up the soil before you buy. Keep in mind, those tests were reliably unreliable in the past. Ours failed miserably, but when we removed the tank, it was in perfect condition, just old. No leaks, no holes, no ragged rust areas. The soil surrounding the tank was fine. Just a fluke result.
Jo