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Looking for some advice from experienced members here... We are under contract and recently did house and UST (underground storage tank) inspection.
Initially they found something under the driveway on the side of the house and stated that probing is needed to further determine what it is. After probing was done the report stated the following:
"The technician arrived at the location and began the probing. The technician probed down
36" and hit object. Although the area in question is smaller then the size of an oil tank and
the sound when probed is not consistant with an oil tank, the area can not be cleared.
Additional Options - Soil testing, to make sure there is no contamination - $595.00
or excavation of the area to determine what the object is - $1200.00"
Looking for some advice from experienced members here... We are under contract and recently did house and UST (underground storage tank) inspection.
Initially they found something under the driveway on the side of the house and stated that probing is needed to further determine what it is. After probing was done the report stated the following:
"The technician arrived at the location and began the probing. The technician probed down
36" and hit object. Although the area in question is smaller then the size of an oil tank and
the sound when probed is not consistant with an oil tank, the area can not be cleared.
Additional Options - Soil testing, to make sure there is no contamination - $595.00
or excavation of the area to determine what the object is - $1200.00"
We paid for the initial sweep and probe... It is my understanding that now it is sellers responsibility to further investigate...?
Any thoughts on what it could be? Smaller oil tank (275 gallons?), cesspool or septic tank?
The house is in Bergen county, NJ.
Thank you very much for all the help in advance!!!
If it’s an oil tank then they installed it vertically instead of horizontally. Which I’ve never seen. My bet is cesspool or septic tank. I think at this point you ask the sellers to investigate. Unless you really want the house then you could pay for it. It’s really up to you.
I have a neighbor who got a positive hit from a tank scan. She had it excavated, and it turned out to be just random metal debris.
I think the seller should pay to have it excavated and cleared. Now they know there's an issue. If you walk away, they have to disclose it and that will scare off future buyers. I don't think the law states who is responsible for paying, but NJ sellers know that buyers are freaked out by the slightest possibility of oil tank contamination. Of course, they could always refuse, and you'll have to decide how to proceed. If you really like the house, maybe you could waive other inspection issues?
I've bought some scary houses with big problems, but I'm not willing to risk unknown possible hazards buried on the property. I wouldn't settle for soil samples.
Thank you for responses... we are really stressed out about it and just want it all to over, also we are first time home buyers...
Probe costed us $495 already, plus initial oil tank sweep $225.
Seller is a flipper, he bought an old house and knocked it down, build a new one on top of the old foundation... Seller also provided us with his own oil tank sweep report which found nothing back in 2016... (but who knows?).
We paid for the initial sweep and probe... It is my understanding that now it is sellers responsibility to further investigate...?
It's neither the buyer's nor the seller's responsibility to do anything aside from what was agreed to in the contract. If the contract reads something to the effect of "buyer shall conduct initial sweep and probe at buyer's sole expense and if in the event that an unknown object is located through buyer's sweep and probe, seller shall conduct, at seller's sole expense, further investigation," then yes, it is their responsibility. If the contract says (and it likely does) "buyer shall have the right to conduct inspections," and nothing more, then that's it.
As an example, we went under contract on a 120 year old home here in Hunterdon County. The seller had lived in the home since 1976 and stated on the disclosure that he had no knowledge of the septic system ie: whatever was in the ground was at least 41 years old and at the end of it's lifespan. We agreed to pay $800 for a septic inspection which we knew would reveal an old, failing, and inadequate system. At that point the seller had a couple of options:
Work with us on installing a new system.
Lower the price of the home drastically and allow us to install the new system.
Do nothing at all.
The problem with number three of course is that now that the seller had knowledge that the system was bad, he'd have to disclose that to all future buyers, who would structure their offers accordingly. So, in your case, if you decide to spend the extra money there are pretty much guaranteed to be one of two outcomes-either it's "something" (ie: a tank) and you then have leverage to work with the seller since they will not be able to claim ignorance of the problem any longer to any future prospective buyer, or it turns out to be nothing, and you just spent $1,800 for extra peace of mind.
Quote:
Originally Posted by Kiru
If it’s an oil tank then they installed it vertically instead of horizontally. Which I’ve never seen. My bet is cesspool or septic tank.
There's no way that a cesspool or septic tank would be placed under what is obviously a blacktop driveway. Even prior to the late 1990s/early 2000s when septic tanks were required to be fitted with at grade risers and manholes for inspection and pumping, the risers and manholes were typically only placed about 12-18" below ground so that they could be easily dug up for pumping, which is recommended every two years, which you couldn't possibly do with a blacktop driveway on top. That's besides the point that regular vehicle traffic/parking over a septic tank/cesspool would cause settling, cracking of the blacktop surface, and possible dislodging of the inlet and outlet pipes at best. At worst, if the homeowner were to have a heavy dump truck pull in with a load it could cave in. I have no experience with buried oil tanks, but I can't imagine that an oil tank would be placed underneath a driveway for the same reason.
Last edited by Swamp_Yankee; 03-20-2018 at 03:51 PM..
I have no experience with buried oil tanks, but I can't imagine that an oil tank would be placed underneath a driveway for the same reason.
FYI -- I had an oil tank under my driveway. Had it dug up and removed, but fortunately the driveway was disintegrating asphalt and no big deal to excavate. Not like jack-hammering and replacing concrete.
The tank was pretty deep. I don't think traffic would have damaged it. I had a lot of heavy equipment down my driveway for years before I had the tank pulled. The fill pipe was in the center of the drive path where tires wouldn't go over it.
I suspect oil tanks under driveways are pretty common in close-in, older neighborhoods with small lots. There's really nowhere else mine could have gone. The oil delivery company and the tank removal company treated it like business as usual. Easier in fact for delivery since the driveway was usually pretty clear after a snow.
I know of people who had to remove elaborate decks or stone patios and fancy landscaping to have their tank pulled. That would be sad news.
Normally a septic tank would not be under a driveway as previously stated. However a driveway could have been added after the fact. In either case I’m sure you don’t need to be told not to buy the home unless it’s all sorted out. Who actually pays could be nominal compared to what a leaking oil tank would cost you.
In this state, run far, far away from unknowns like that until they are identified and determined to not be an environmental concern. While it may be absolutely nothing, if there is a contamination issue that the seller doesn't address, the potential environmental liability that you would take on could make it a very bad deal. And for any property with a contamination issue, once it's cleaned up, you need that document that states that it has been cleaned up (used to be called a letter of no further action (NFA), but I believe the equivalent is called something different now).
If that buyer wants a sale, they'll do what they need to do to address that unknown as they would have to disclose it.
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