We are going to lose the house**updated!!

I am so upset. We found out 2 hours before the signing of the contracts that the oil tank was never buried correctly or at least if it was they have no proof.

We told the seller that we will not sign unless he can prove that it was abandoned correctly. He said in no circumstances will he be doing any testing to find this out. The house is as is. We had our attorney and agent talk to him one more time and we will find out today what is going on

I am mad and upset all at the same time. We might have to go back to the drawing board

Thanks for letting me share

Re: We are going to lose the house

that sucks

can you find out how much it would cost to do the testing and have it properly taken care of, then offer to do it yourself if he takes that amount off the purchase price?

Re: We are going to lose the house

I'm so sorry Allison. Maybe it will still work out. How much would it cost to find out if it was buried correctly?

Re: We are going to lose the house

Oh no that is so horrible. As someone who has gotten the shaft many times lately with house stuff I feel your pain. I cnat believe this situation and I feel so bad. I hope this all works out for you in the end

Re: We are going to lose the house

I'm so sorry to hear that! That's so hard to be so excited and then to find out it might happen!

I hope it works out and you and the seller figure something out- so sorry!!

Re: We are going to lose the house

so sorry to hear that
I hope it works out for you guys

Re: We are going to lose the house

So sorry to hear that. We also had an underground tank and had to get the soil tested to make sure it was not leaking. I have the company's number if you want it. Give them a call and ask what they think. The test cost $200. Also to have the tank buried costs somewhere around $1500. If you really love the house then it may be worth getting the soil tested and then dealing with it after closing. Let me know if I can help with anything else.

Kim

Re: We are going to lose the house

So sorry to hear. Is the seller willing to negotiate on price? We just had a house with 3 underground tanks inspected (engineer is recommending inspection for them and I don't think the sellers are going to spend money). I feel your pain! Good luck!

Re: We are going to lose the house

So sorry...hope it all works out.

Re: We are going to lose the house

If he doesn't want to test to see if the tank was filled correctly, I would call the EPA on him. If it was not done properly, he could be fined alot of $$$.

The guy sounds like a real jerk to me. I hope it works out for you though.

Re: We are going to lose the house

Allison, I know exactly how you feel.

We were supposed to build a house in Center Moriches (we had a contract and were in contract from December until April) and found out the builder didn't have the proper permits. We were heartbroken, but we found a better house a couple of months later.

It will work out, I promise. Things seem to happen for a reason.

Re: We are going to lose the house

i am so sorry. i would listen to what the others have suggested and look into testing it yourself. i too, believe things happen for a reason. hopefully this will all be worked out soon and you can breath a sigh of relief.

Re: We are going to lose the house

If it is only $200 I would just do it myself. I would not want to lose the house of my dreams over $200

Re: We are going to lose the house

do you think the seller would 'allow' her to test. i don't mean to play devil's advocate, but it is his property. there HAS to be a loophole somewhere that would require the seller to test prior to selling.

Re: We are going to lose the house

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Posted by skew

do you think the seller would 'allow' her to test. i don't mean to play devil's advocate, but it is his property. there HAS to be a loophole somewhere that would require the seller to test prior to selling.

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I don't know ,I don't know the rules about this. KimberlyBride posted about a $200 test she did.. Maybe if she is allowed to get the test herself she can do that now, go into contract so she doesn't lose the house, and if there is a legal reason why the homewoner has to pay let the lawyers deal with it?
My oil tank is in my basement
I am just trying to help you find a way not to lose the house.. because I know how much you love it... I really don't know if anything I say is true.

Re: We are going to lose the house

Allison..I'm so sorry to hear about this...

I'm not sure if this will make you feel any better, but just think of it this way: maybe there's a bigger and better house out there for you? they say everything happens for a reason....don't worry, it will all work out for the best!!

Re: We are going to lose the house

We had a similar problem with a house in Smithtown the owners orginally stated that they would allow us to test the tank after the home inspection. So we scheduled the home inspection and the house passed with flying colors. We were ready to go forward and test the tank. The day after the home inspection the homeowner changed her mind and refuse to allow us to test the tank. Their attonery advised them not to alow us to test the tank, because if there was a problem she would be responsibile for the clean up which can cost several thousand dollars. ( even for a small leak) We then asked them to refund our $550 (for the home) inspection and they refused!!!! I was heartbroken because I LOVED that house. Oh well, I believe in kharma so one day they will pay for screwing us and wasting our time. Sorry to hear that you are going through a smiliar situation. I hope you find a house that is much better. Goood Luck and don't worry you will find the right house to make your home.

Re: We are going to lose the house

We are going through what Florenze went through. I spoke to our atty and he said he would try to get them to allow the testing of the tanks but he didn't think they would. He said that if he was there atty then he would advise them not to allow the testing. I know someone that tests oil tanks and he said he recently did a house in Merrick, there was a leak, and now it is costing them nearly $50,000 to fix b/c they need to clean up the area properly since it's an environmental hazard and could potentially get into our drinking water. I hope e/t works out for you and please keep us posted!

Re: We are going to lose the house

Wouldn't it be registered w/the EPA if the tank was abandoned properly?

Re: We are going to lose the house

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Posted by KarenB

Wouldn't it be registered w/the EPA if the tank was abandoned properly?

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Only tanks that are larger than 1100 gallons are regulated. Good suggestion, though!