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Answers (11)
- Carl Ben Witzig, "CarlSellsHomes"
- Contributions:122
After it is all said and done, if tank is not used, you must test soil. If contaminated, removal of tank and soil, by seller. If soil is clean, tank can be removed or filled with appropriate material and "decommissioned" which town monitors and certifies. A record is kept for future bueyrs' questions. The NJ tank grant money for tank removal or another fund for contaminated soil and leaky tank removal are two different funds. And in this recession, this money may be depleted. NJDEP.gov is the source for one. ATS, (see below answers) can help process. If the property is pre-foreclosure (short sale) the seller has no money. If the NJ money is gone, the lien holding bank may be willing to remediate- a long shot. It is a mess, a shame, confusing and a reason to stay away. Depends on your pockets, how badly you want the property and a variety of situational facts, none of which are revealed here. I can vouch for the good work and advice of ATS.
- Nicaury Miller, "Home Styles Realty"
- Contributions:51
http://www.newtanksnj.org/faqs.aspx If you want the property here is a link to the grant you need to remove it. If there is no contamination.
Back out or get the grant.
enjoy it!
Nicaury
Back out or get the grant.
enjoy it!
Nicaury
- Chris Cline, "NJ GEICO"
- Contributions:4
Keep in mind, you'll have more trouble getting homeowners insurance if the oil tank is left in the ground. Do you best to get them to remove the tank and you'll be better off!
- ATS_Enviro
- Contributions:18
If the buyer does not want to remove the underground tank have a testing company test the tank. If you plan on removing the tank when you move in it is important that the testing company conduct soil testing around the tank. The testing company must send the soil to a laboratory for analysis do not accept on-site analysis. If you plan to keep the tank you can have "tightness" testing performed which will evaluate the entire tank system for leaks and cost less than soil testing. If the testing shows the tank does not have any "detectable" leaks apply for a $100,000 tank policy from ProGuard. These policies can be obtained from the heating oil dealer and the premium is small for the amount of converage.
See my other answer if you plan to remove the tank regarding $3000.00 grant money available from the State.
See my other answer if you plan to remove the tank regarding $3000.00 grant money available from the State.
- Francesca Patrizio, "PatrizioRE"
- Contributions:132
Above ground oil tanks tend to pose less of a risk than underground oil tanks. I'd say that if a seller is refusing to address a below ground oil tank (which tends to be more costly), (1) have the appropriate testing done or (2) walk away.Love and Peace,
[content removed by moderator for being self promotional]
[content removed by moderator for being self promotional]
- ATS_Enviro
- Contributions:18
As Carl said you can remove the tank for under $2000.00 but he did not inform you that the State of New Jersey willl give a $1200.00 grant for removal and a $1800.00 grant for installation of a new tank. Most people qualify for the grants and some companies like mine will prequalify you. You can go on line and file for the grant money or have a company file for you. Some companies will front the grant money so that you do not have to wait for the $3000.00.
- Carl Ben Witzig, "CarlSellsHomes"
- Contributions:122
Ask seller to do soil test. - $350. If clean, you can remove UST- under $2000. If not clean seller must get it done with grant, easy enough with ProTank. Or ask seller to do it all, but many do not have the money. It could be arrange to be paid for from the sale proceeds. You need a good agent who has dealt with USTs. Good luck. Carl
- ATS_Enviro
- Contributions:18
Of course, if you can get the seller to remove the tank that would be your best option. You could inform the seller about the NJ grant money and that they could get back almost all of the money for removal and installation. Some companies will finance the $3000 and wait for the grant money therefore there is very little out of pocket expense.If the seller refuses to deal with the tank and you want to buy anyway you must have a company take soil samples from around the tank at a depth of 0-6 inches below the tank bottom. It is vital that you tell the testing company you are planning to remove the tank. The testing company must have the samples evaluated in a laboratory in accordance with the NJDEP guidelines. Very critical point is the laboratory report should in addition to the DRO (Diesel Range Organics) readings the report should also identify what portion of the readings are from #2 heating oil (most companies will not give you this information). Any heating oil found at the bottom depths should be proof that the tank has discharged petroleum therefore the seller removes it or you find another house.If the tank evaluation shows there is no contamination as soon as you move in either apply for the grant money or have a company apply for you. In most cases 2 weeks after the permits are approved the removal and install can be competed. Remember there are companies that will finance the $3000. Even if they tank was found to be leaking the State will reimburse the clean-up cost less any insurance coverage.
- Debbie.nehlsen
- Contributions:31
In my experience, I have had a underground storage tank which did leak. If the seller will not give a credit for removal, I would walk. My spill was very costly, although covered still a very big problem. Really not worth all the headache it caused. Good luck
- NTETS, "Mr Caveat"
- Contributions:6436
if you are under contract to buy a home, you should have known about the oil tank in the beginning and that should have been reflected in your offer. since at this point you cant reduce your offer and take care of it yourself your remedy is to walk away. you can however place a new offer on the house that either says "seller to do x" or has a reduced contract price.
they then have the right to reject that offer and this can continue as long as you wish.
they then have the right to reject that offer and this can continue as long as you wish.
It depends on whether the tank is still in use or was abandoned in place. In any case, you will not be able to get homeowner's insurance unless and until you can prove that there is no oil contaminated soil. That means the soil around the oil tank must be tested.
If the tank was abandoned in place, the current homeowners must have the records including a permit from the town. Make the homeowners produce the records.
If the homeowners can not prove the tank was properly abandoned in place, then have them conduct the soil analysis to prove that the tank is not leaking.
If there is soil contamination, you have the right to terminate the contract and walk away. You do not want to purchase the property as 1), you won't be able to get homeowner's insurance, 2) the cost of cleanup can be very costly (it can very easily approach 6 figures! - especially if the groundwater is contaminated), and 3) you will assume liability if you do. Also, waste oil and oil contaminated materials is considered hazardous waste in NJ>
If the tank was abandoned in place, the current homeowners must have the records including a permit from the town. Make the homeowners produce the records.
If the homeowners can not prove the tank was properly abandoned in place, then have them conduct the soil analysis to prove that the tank is not leaking.
If there is soil contamination, you have the right to terminate the contract and walk away. You do not want to purchase the property as 1), you won't be able to get homeowner's insurance, 2) the cost of cleanup can be very costly (it can very easily approach 6 figures! - especially if the groundwater is contaminated), and 3) you will assume liability if you do. Also, waste oil and oil contaminated materials is considered hazardous waste in NJ>
what if seller refuses to remove oil tank? Is there any recourse or should you just walk away?
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