U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New York > Westchester County
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 11-25-2020, 01:45 PM
 
4 posts, read 2,289 times
Reputation: 15

Advertisements

Hi all,

I'm under contract to buy my first home. I hired a company that did GPR scanning and found a potential underground oil tank. The seller agreed to remove it.

However, the seller found some correspondence with oil tank removal company back in 2004. From that they think the tank was already removed.

I'm very confused and appreciate any advice.

Thanks,

Tom
Rate this post positively Reply With Quote Quick reply to this message

 
Old 11-25-2020, 03:41 PM
 
15 posts, read 9,254 times
Reputation: 16
Underground tanks can sink a mortgage due to the liability of it leaking. This happened to us once.

Did they share the correspondence with you? Could it be the removal of a different tank? What does your real estate lawyer say?
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-25-2020, 03:55 PM
 
4 posts, read 2,289 times
Reputation: 15
Thanks Deaxon.

Yes, they did share the correspondence. There were 2 letters and an invoice from the company that did the removal. However, it was about a dispute between the seller and the company. In one of those letters, the company did mention that they removed the oil tank but didn't submit all documents to Eastchester Fire Department due to late payment.

My realtor contacted the Eastchester Fire Department and they didn't find any (also they only keep the records for 7 years).

Regarding the possibility of another tank, my GPR consultant said the same but I am unable to confirm it as the correspondence doesn't have any information regarding the removal details.

I'm checking with my attorney. I really need some advice/suggestion on what I should do next.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-25-2020, 05:04 PM
 
1,056 posts, read 1,075,781 times
Reputation: 1442
Quote:
Originally Posted by tom1run9 View Post
Thanks Deaxon.

Yes, they did share the correspondence. There were 2 letters and an invoice from the company that did the removal. However, it was about a dispute between the seller and the company. In one of those letters, the company did mention that they removed the oil tank but didn't submit all documents to Eastchester Fire Department due to late payment.

My realtor contacted the Eastchester Fire Department and they didn't find any (also they only keep the records for 7 years).

Regarding the possibility of another tank, my GPR consultant said the same but I am unable to confirm it as the correspondence doesn't have any information regarding the removal details.

I'm checking with my attorney. I really need some advice/suggestion on what I should do next.
Run away from the sale as fast as you can. Don't look back.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-25-2020, 05:04 PM
 
15 posts, read 9,254 times
Reputation: 16
In my situation, we put an offer on a house. An underground oil tank was a problem with the banks. It was a short sale so the seller did not have funds to remove it. Even the real estate agents offered to pay for its removal out of their commission. But the bank said no. If there was a tank, then they would not commit to a mortgage.

I am not a lawyer, but in your case the obligation and responsibility seems to be on the seller to prove there is no tank. Not in a “nice to have” but in a “need to have” kind of way. I am interested in what others thinks.

Good luck!
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-25-2020, 05:05 PM
 
3,323 posts, read 1,443,331 times
Reputation: 7545
Underground oil tanks means the EPA gets involved. Listen to dr.strangelove.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-25-2020, 06:55 PM
 
15 posts, read 9,254 times
Reputation: 16
Quote:
Originally Posted by YorktownGal View Post
Underground oil tanks means the EPA gets involved. Listen to dr.strangelove.
If the tank was removed and there is documentation that there was no contaminated soil, then it should be good? My understanding is that underground oil tanks are removed often without a problem. But when there is a problem it can be a big problem. That is why banks are worried about them.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-26-2020, 08:27 AM
 
3,323 posts, read 1,443,331 times
Reputation: 7545
If I was selling this house, I would have provided the information at the time of the offer. The OP can contact his building department. If the building department doesn't have record of tank removal, it's a big problem.


Quote:
When removing an oil tank, a permit must be issued by the Building Department. The Building Inspector also requires inspections when the tank is removed. The tank is then cut, cleaned, and removed and properly disposed of according to D.E.C. Regulation 613.9(B). Soil samples are taken whether it was a clean (no contamination discovered) or un-clean (contamination discovered) excavation. The soil samples are then sent to an analytical laboratory for testing. If contamination is evident in the soil samples reviewed by the laboratory, the soil must be removed to the satisfaction of the Westchester County of Health and the local Department of Environmental Conservation.

Tank abandonment/in-place closure also requires a permit. An in place closure can be performed if a tank contains no holes and no contamination s found in the soil.

Soils are sampled below the tank through a hole drilled or cut in the tank. The tank can be filled with concrete or sand (inert materials) depending upon the location.

If you are interested in purchasing tank insurance, you should call your oil company for information.
https://www.pleasantville-ny.gov/bui...20is%20removed.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-26-2020, 09:42 AM
 
Location: USA
3,545 posts, read 1,592,285 times
Reputation: 10315
I had my underground 550 gallon oil tank removed several years ago. Instead, we installed a 275 gallon tank in the basement.

During the removal, we had soil samples taken from various levels of the excavation and tested. The results were sent to the chief fire marshal in my town. When I listed my house for sale, one of the first questions was "did the property have, or ever have, an in ground oil tank". If so, when and how was it removed. The questionnaire asked about remediation.

I handed the broker the report from the fire marshal's office, and that was the end of the oil tank inquiries. If there was a clean soil sample report, there should be no problem with the purchase or mortgage.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 11-27-2020, 07:57 AM
 
4 posts, read 2,289 times
Reputation: 15
Appreciate your responses. I learned so much from this thread.

The official documents are what I'm after so when selling the home, I would be in a good position like @Lillie767.

I think I'll continue pushing the seller to fulfill the obligation to provide such documents.
Rate this post positively Reply With Quote Quick reply to this message
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.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:




Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New York > Westchester County
View detailed profiles of:

All times are GMT -6.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top