Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Like I said, the tank has been removed already and the remediation is done.
Diane, you said it took 2 weeks to get your letter. Everything else I've read and heard says it takes months or even years. Why such a discrepancy in time?
The closing isn't for another ~3 months, so hopefully the letter does come in before then and everyone will be happy.
Find out from the seller if the contractor who did the cleanup sent the remedial action report to Site Remediation Program or did they send it to the new UHOT program. If they went thru the UHOT program, typically an NFA letter is sent out within 2 weeks.
Is this document.. the NFA letter ..everyone is referring to the "closure certificate" in the Sellers Property Condition Disclosure Statement question under the Heating & Air Conditioning section?? Does a "closure certificate" mean that the tank has been removed and everything has been cleaned up at the site? The realtor's disclosure form for a seller uses this term and I don't know what it actually means. I'm new to learning about underground tanks We're finally out of attorney review on our house and found a new/old house in a charming country setting..but in reading the Disclosure we need to ask some questions.
Anyone can produce a "certificate". I would definately ask more questions. Was the tank removed? was the tank abandoned? Is there any paperwork associated with the tank abatement actvities - i.e. municipal permits, disposal receipts, samples, etc.
Anyone can produce a "certificate". I would definately ask more questions. Was the tank removed? was the tank abandoned? Is there any paperwork associated with the tank abatement actvities - i.e. municipal permits, disposal receipts, samples, etc.
We found out in the exact words of our realtor "it was decommissioned in place (cut open, scrubbed clean, and filled with
sand under the watchful eye of the Township or County)". After reading every single thread here on underground oil tanks last night and this morning.. I know that's not good enough. Thanks for your reply. We're in the process of telling the seller she has to agree to remove the tank and do a soil test or we will not proceed. I'm actually so scared I want to move on, but my husband loves the property. The people were not forthcoming on the Disclosure. They checked off that they had NO underground tanks..but they had a Closure Certificate and we knew they had oil heat..so we had to assume and we were right.
We found out in the exact words of our realtor "it was decommissioned in place (cut open, scrubbed clean, and filled with
sand under the watchful eye of the Township or County)". After reading every single thread here on underground oil tanks last night and this morning.. I know that's not good enough. Thanks for your reply. We're in the process of telling the seller she has to agree to remove the tank and do a soil test or we will not proceed. I'm actually so scared I want to move on, but my husband loves the property. The people were not forthcoming on the Disclosure. They checked off that they had NO underground tanks..but they had a Closure Certificate and we knew they had oil heat..so we had to assume and we were right.
I wouldn't run away just yet . If they are willing to remove the tank, let them and if the soil sample comes up clean... you should be good to go! Just one word of advice, try to be present for the tank removal activities. This way you will know for certain that everything is or isn't ok! Good luck
We found out in the exact words of our realtor "it was decommissioned in place (cut open, scrubbed clean, and filled with
sand under the watchful eye of the Township or County)". After reading every single thread here on underground oil tanks last night and this morning.. I know that's not good enough. Thanks for your reply. We're in the process of telling the seller she has to agree to remove the tank and do a soil test or we will not proceed. I'm actually so scared I want to move on, but my husband loves the property. The people were not forthcoming on the Disclosure. They checked off that they had NO underground tanks..but they had a Closure Certificate and we knew they had oil heat..so we had to assume and we were right.
You're exactly right - it's not enough to have been decommissioned ("watchful eye" LOL!) and the tank needs to be removed with a clean soil test. Wiley gave some good advice - if the seller agrees to remove, try to be there for the removal. Also, consider hiring (separately) your own soil testing company to test on the day of the removal, so that their loyalties are with you and you can be more confident if they give you a clean test result.
The presence of an underground oil tank is not necessarily reason to run away from a house, you can proceed safely if:
(1) the seller is willing to remove the tank far in advance of closing
(2) you can have the soil tested on your own to be sure of the results
(3) the seller is willing to commit (upfront) to correcting any soil contamination and
(4) you're not in a hurry, because you NEED to get that NFA letter from the govt before you close, and it could take a few months (although Wiley has more info on this); alternatively, if you can't wait for the NFA letter, the seller can put up a substantial escrow deposit (at least 25K, probably more IMO) for your attorney to hold in reserve until the NFA letter arrives (at which time the sellers get their money back)
You're wise to have done your research. Good luck!
We are in the process of buying a house in Mountainside, NJ.
There is an underground oil tank that has been legally abandoned for over 20 years.
After having a soil survey done the ground came back contamonated. the buyer claims since he has all the permits for the abandonment he won't remove the tank and dirty soil. Does he have any legal right to pull our deal because he doesn't want to clean it up. Or does he have to by law. we need help on what to do.
We are in the process of buying a house in Mountainside, NJ.
There is an underground oil tank that has been legally abandoned for over 20 years.
After having a soil survey done the ground came back contamonated. the buyer claims since he has all the permits for the abandonment he won't remove the tank and dirty soil. Does he have any legal right to pull our deal because he doesn't want to clean it up. Or does he have to by law. we need help on what to do.
IMO, if you have factual information that there has been a discharge, call the DEP and report the incident yourself. Then he would be forced to clean it up. You don't have to be the owner of the property to call in an incident. Actually, you are required by law to report any known discharge.
We are in the process of buying a house in Mountainside, NJ.
There is an underground oil tank that has been legally abandoned for over 20 years.
After having a soil survey done the ground came back contamonated. the buyer claims since he has all the permits for the abandonment he won't remove the tank and dirty soil. Does he have any legal right to pull our deal because he doesn't want to clean it up. Or does he have to by law. we need help on what to do.
What you shoudl do: walk away from this deal. Actually, run away from it. An underground oil tank and contaminated soil is a headache and liability you don't need!
Yes, the owner of the house clearly has the right do do (or not do) whatever he wants concerning the oil tank on his property. After all, he is still the owner of the house and it's his decision. The State of NJ may at some point step in and require him to clean up the contamination, but that's not going to happen quickly and it's not something in which you'll be involved in any way. That's between him and the government.
There's nothing you can do to force him to clean up the mess, so just walk away from the deal and don't look back. This is a buyer's market, you'll find plenty of other houses out there. The seller is pretty foolish not to clean up the mess because he'll have a hard time finding a buyer who would be stupid enough to buy the house with that problem, but that's his problem.
What you shoudl do: walk away from this deal. Actually, run away from it. An underground oil tank and contaminated soil is a headache and liability you don't need!
Yes, the owner of the house clearly has the right do do (or not do) whatever he wants concerning the oil tank on his property. After all, he is still the owner of the house and it's his decision. The State of NJ may at some point step in and require him to clean up the contamination, but that's not going to happen quickly and it's not something in which you'll be involved in any way. That's between him and the government.
There's nothing you can do to force him to clean up the mess, so just walk away from the deal and don't look back. This is a buyer's market, you'll find plenty of other houses out there. The seller is pretty foolish not to clean up the mess because he'll have a hard time finding a buyer who would be stupid enough to buy the house with that problem, but that's his problem.
That may be true, but I say report him anyway. It is your obligation by law to report any known discharge. Of course it has to be known- elevated soil samples, etc.
It may be on his property now, but if it hits the groundwater, it can very easily be carried offsite. All water eventually ends up in streams and rivers. Then its everyones problem. We have enough cancer in this state, enough pollution. I'd report that focker.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
We're finally out of attorney review on our house and found a new/old house in a charming country setting..but in reading the Disclosure we need to ask some questions.
. If they are willing to remove the tank, let them and if the soil sample comes up clean... you should be good to go! Just one word of advice, try to be present for the tank removal activities. This way you will know for certain that everything is or isn't ok! Good luck 
someone help me
