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what are the laws in columbia sc in regaurdes to selling a house without disclosing underground oil tank..just bought a house in west columbia sc back in dec 2010 i was not told of underground oil tank.so if i didnt know about it how can it now be my responsibilty when i was decieved about it in the first place....seems like the law should protect innocent people from something like this...
Here's the relevant section on disclosure:
SECTION 27-50-65. Knowing disclosure of false, incomplete, or misleading material information; civil liability; attorney fees. An owner who knowingly violates or fails to perform any duty prescribed by any provision of this article or who discloses any material information on the disclosure statement that he knows to be false, incomplete, or misleading is liable for actual damages proximately caused to the purchaser and court costs. The court may award reasonable attorney fees incurred by the prevailing party.
Link:
S.C. Code of Laws Title 27 Chapter 50 The Residential Property Condition Disclosure Act - www.scstatehouse.gov-LPITS (http://www.scstatehouse.gov/code/t27c050.htm - broken link)
An underground storage is something that should have been addressed in the disclosure as noted in an earlier section of the law.
Also, for removing oil, try contacting a local oil delivery company. If they don't pump oil out themselves, they should know someone who does and will likely know who is certified to remove the old tank.
Check with a local Underground Tank specialist. You will find one in whatever area you're in. There are UGST's in every area of the country, and you will find a specialist near you. They are licensed by the state and have all the answers to your questions.
There are proper procedures that must be followed, and lots of official paperwork that goes to the state, and a copy to the homeowner.
UGST's are covered cradle to grave, meaning the original owner is responsible for the tank from the time it is installed, until it is properly disposed of by a licensed company.
That doesn't mean you will ever be able to find the original owner, but they would be responsible.
If you purchased the home with an unknown tank, several people let you down. Your realtor, the previous owners, if they knew it existed, and the escrow company.
If the person who sold you the home knew it existed, they are responsible. Hard to prove they knew, but check the fuel company who serviced the tank. If the tank was filled during the time they owned the home, then they knew the tank was there..!
Check with a local Underground Tank specialist. You will find one in whatever area you're in. There are UGST's in every area of the country, and you will find a specialist near you. They are licensed by the state and have all the answers to your questions.
There are proper procedures that must be followed, and lots of official paperwork that goes to the state, and a copy to the homeowner.
UGST's are covered cradle to grave, meaning the original owner is responsible for the tank from the time it is installed, until it is properly disposed of by a licensed company.
That doesn't mean you will ever be able to find the original owner, but they would be responsible.
If you purchased the home with an unknown tank, several people let you down. Your realtor, the previous owners, if they knew it existed, and the escrow company.
If the person who sold you the home knew it existed, they are responsible. Hard to prove they knew, but check the fuel company who serviced the tank. If the tank was filled during the time they owned the home, then they knew the tank was there..!
All these old tanks leak , don't let anyone tell you different. Its just the amount of the leak and the contamanation. I have seen some horror stories about ground water contamination , it can get real messy , and can cancel sales of property quickly , once the cat is out of the bag !... as said , the liability never goes away. There are a lot of abandoned gas stations around to prove it.
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