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There is no Quick Spill for an Oil Spill. What Should a Buyer's Agent Do?

By
Real Estate Broker/Owner with Home Buyers Realty, LLC-Manchester, Bolton. Vernon,Ellington 0788174

 

 The Disclosure

 

A not-so-welcome news was brought up a day before my buyer's closing. I was notified that my buyer will be getting a new oil tank because there was a pinhole in the old tank and this needed replacement.

 

As a protocol, the oil company had to report to DEEP the incident as it believed that an oil spill occurred in the property.

 

The specific details on how it happened was not disclosed by the listing agent. What he did disclose is that my buyer is getting a new tank which will be installed by so and so company and that an environmental contractor was contacted to have them look at the area. He further said the contractor will be there tonight to remove it. 

 

It sounded like an easy fix.

 

An Oil Spill  and a Tragedy

 

However, an oil spill should not be taken lightly. I remember a conversation I had with a septic person four years ago while investigating on a property my buyer wanted to purchase in Granby.

 

The owner of the property ended up killing himself because he was sued for $450K due to oil spill which contaminated the ground and well water in the neighboring properties.

 

What to Do Next?

 

Anyway, as expected from myself, I contacted the environmental contractor right away.  The contact person could not give me extensive details yet as they just started the investigation. She told me to call the next day... the day we were supposed to close... to get an update. 

 

I called the agent to get permission to check the property out. My buyer wanted to close on that day. He would like to have an amount escrowed for the clean up but I strongly advised him against this course of action. 

 

Upon entering the house, the acrid odor from the oil crept right through my nostrils. The  noxious smell emanating from the basement was intolerable. However, we ran quickly into the basement to get a quick assessment of what transpired. Then showed our way out of the house.

 

Guess who is waiting outside?

 

After locking the door, an SUV was parked on the driveway. It was a DEEP inspector. I knew because I asked since there was this horizontal light on top of the vehicle's roof.  It was good to know that DEEP was not taking this matter lightly as well.

 

The inspector mentioned that DEEP will be conjointly investigating the incident with the environmental contractor. And she asked us to remove our cars on the driveway because the excavator trucks are on their way.

 

So we drove our car out of the premises as fast as we could. Even though the buyer was disappointed that he would not close that day, he had something to be thankful for. It happened prior to him owning the property.

 

The Updates and Progress Report

 

Today is the fifth day since the spill.  And I just got an update  from the listing agent. He said that according to DEEP, there are no health risks either in the basement or on the property. And that there is no requirement from them to clean it up further since there is no health hazard. This is the direction the seller is leaning.

 

What the listing agent does not know is that I have been in constant contact with the environmental contractor and DEEP from the day the unfortunate incident happened till today. I even have the case number and email address of the DEEP inspector assigned to this property.

 

The Subtle Interrogation

 

Contrary to what the agent said, the email I received from the DEEP inspector an hour after I received the agent's email recommended otherwise. Even the environmental contractor told me that there was a work proposal submitted to the seller for the clean up. 

 

After reading the inspector's email, I called the agent and asked him who among the sellers was in direct contact with the environmental contractor as there are four listed on the contract.

 

Furthermore, I asked him if that person got the proposal from the contractor. He said yes but you know they are contractors. They want money that is why they proposed this unnecessary works.

 

Then I asked him for the name of the DEEP person his seller spoke with. He said I don't know. I did not ask her about that.

 

So this is when I gave him my spill. "I do have an email from the DEEP inspector and her recommendation is aligned with the environmental contractor's work proposal."

 

The listing agent in a startled voice, "You have an email from DEEP?" 

 

Yes, I do and I am going to forward this to you. Please do share this information with your seller/sellers as my buyer is not going to proceed with the purchase unless we are assured that this case is closed with the DEEP.

 

ADVICE to My Fellow Realtors

 

We are in this business to make money by servicing our clients. Who does not want to close or consummate a transaction? We all do. But there is no short cut to a successful closing. Don't let the dollar sign let you slip away from your duties imposed by the Code of Ethics.

 

Moreover, gross negligence will haunt you back. It can ruin your career and bury your source of income.

 

Disclosure of material fact is not enough. Be truthful with your representation of information. Fact-check is necessary. Don't rely on just one source especially on grave issues such as oil spill. 

 

Heed the Four Agreements:

1) Don't take it personally

2) Be impeccable with your words

3) Don't make assumptions

4) Always do your Best

 

Posted by

        Maria Gilda Racelis 

      "I Always Strive to Make a Difference."

         Serving Hartford, Tolland and Middlesex Counties

Phone: 860-995-9473

Email: mariagracelis@gmail.com

mariaracelis.com

 

 

 

 

 

 

Comments(45)

Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Maria Gilda Racelis 

That is quite a story, and concerning that the listing agent appears to have been so lax about what was going on. Good thing you represented your buyer, as you should, throughout. Hope this all works out. 

Jeff

Apr 14, 2016 01:24 AM
Maria Gilda Racelis

Hi Jeff Dowler CRS . thank you for your comment.

Apr 14, 2016 08:12 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Maria, We cannot be too caution or trusting of others. We must do our due diligence. Then we wait for the other side to bury their self in their own lies and deception. 

Apr 14, 2016 01:24 AM
Maria Gilda Racelis

Correct Kathleen Daniels :)

Apr 14, 2016 08:13 AM
Nicole Doty - Gilbert Real Estate Expert
Zion Realty - Gilbert, AZ
Broker/Owner of Zion Realty ZionRealtyAZ.com

Fantastic work Maria! This is how hard we should fight for each and every client that we service!

Apr 14, 2016 01:48 AM
Maria Gilda Racelis

thank you Nicole Doty - Gilbert Real Estate Expert for the kind words.

Apr 14, 2016 08:13 AM
Michelle Grunberg
eXp Realty - Ijamsville, MD
When Honesty, Integrity and Loyalty Matters!

Great work!! Can't imagine not taking my job seriously as you do. I wonder how many referrals you will get from your lucky buyer. 

Apr 14, 2016 03:39 AM
Maria Gilda Racelis

Thank you for Michelle Grunberg 

Apr 14, 2016 08:14 AM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Glad that the seller didn't get away with it. Have also heard that bad septic systems are also going to be treated as a hazard also.

Apr 14, 2016 07:54 AM
Maria Gilda Racelis

Thank you Lyn Sims  for the comment and for the additional information.

Apr 14, 2016 08:14 AM
Eric Kodner
Madeline Island Realty - La Pointe, WI
CRS, Madeline Island Realty, LaPointe, WI 54850 -

As they say, disclose, disclose and disclose..you'll never go wrong by observing ethics.

Apr 14, 2016 08:11 AM
Maria Gilda Racelis

Very true Eric Kodner . Thank you for stopping by.

Apr 14, 2016 08:18 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Maria, I would call this a wonderful job of representing your client!  They were lucky to have you on their side.

Apr 14, 2016 12:17 PM
Maria Gilda Racelis

Hi Patricia Kennedy . I do appreciate you stopping by. I appreciate it.

Apr 15, 2016 09:28 PM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Maria

Having an tank with leak is a minefield and become a big problem getting the home closed on time.

Good luck and success.

Lou Ludwig

Apr 14, 2016 12:31 PM
Maria Gilda Racelis

Thank you Lou Ludwig . And thank you for the comments. :)

Apr 15, 2016 09:27 PM
Scott Seaton Jr. SLS Home Insp
SLS Home Inspections-Kankakee Will Iroquois Grundy Counties - Bourbonnais, IL
The Home Inspector With a Heart!

I just finished an inspection on a farm with an above ground tank. Abandoned many years ago. They are going to request it be removed for sure. Great story. 

Apr 14, 2016 10:02 PM
Maria Gilda Racelis

Thank you Scott Seaton Jr. Bourbonnais Kankakee IL Home Inspector for your comment.

Apr 15, 2016 09:27 PM
Faye Y. Taylor
StepStone Realty, LLC - Floresville, TX
Country Living with City Convenience -Wilson Co TX

Great work.  You truly adhere to the ethic of representing your client and that should always be the first concern of a successful /good agent.  I must say always going the extra mile is the best route and you are an agent who does so.

Sometimes we do learn some things the hard way and find out we don't always get the full story from the other agent.  Several years ago I had a client buying a home for cash but the buyer followed my opinion that he needed a home inspection.  I strongly suggested to my buyer he needed to get a septic inspection also.  Seller kept stating septic was fine so buyer was hesitant to inspect but did so as I highly recommended he do so. 

 The septic failed inspection and the seller got his own inspection done and before we closed my buyer got all new lateral lines.  After this discovery and the repair the listing agent told me that many homes in this subdivision were having septic problems due to the "new" type of lateral lines that were input in the late 90s.   I did not have that knowledge at that time but having the inspection done saved my buyer and I feel me also as I gained knowledge and saved my client some unnecessary expense.

Apr 15, 2016 02:58 AM
Maria Gilda Racelis

Kudos Faye Taylor . You are exemplary Realtor and honest too. We never stop learning in this business. Thank you for sharing your story.

Apr 15, 2016 03:16 AM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

I had the problem happen to me, by the time I was done, it cost me $15,000 and it could have been much worse.

You shared very good advice, a well deserved feature.

 

 

Apr 15, 2016 03:04 AM
Maria Gilda Racelis
Home Buyers Realty, LLC-Manchester, Bolton. Vernon,Ellington - Manchester, CT
Home Ownership is w/in Reach. We Make it Happen!

Joe Petrowsky . The cost is $40k. Wheeeew

Apr 15, 2016 03:17 AM
Claude Labbe
RLAH / @properties - Washington, DC
Realty for Your Busy Life

Maria, there is a stamp on your forehead, but I think the listing agent needs to get his vision checked. When I look at the stamp, it says "Integrity",which is 9 letters, not 6.

Whether your buyer proceeds with this home or not, your buyer surely has seen firsthand how a professional realtor operates.

Apr 15, 2016 01:08 PM
Maria Gilda Racelis

Thank you Claude Labbe . I do appreciate the kind words. They are heartwarming.

Apr 15, 2016 09:26 PM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

Yep be careful for your client now.  Don't take any assurances, get copies of all the reports and so on. 

Apr 18, 2016 08:01 AM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Maria

Congratulations on earning a feature for your post.

Good luck and success.

Lou Ludwig

Apr 25, 2016 11:59 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Careful, careful wording will head off lots of problems. I enjoyed your post, Maria. Congrats on the feature.

Apr 26, 2016 11:24 PM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  Excellent post, Maria.  I had a similar situation in Tallahassee a few years ago, only it was commericial not residential.  There had been a gas station on the property; there were buried underground fuel tanks.  

    Florida DEP said it had never been properly remediated.  We called environmental people, their estimates were a couple of hundred thousand dollars to excavate, remove the tanks, clean, and fresh fill the holes.

    Buyer walked.

Jul 18, 2016 12:28 AM
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

Where the heck have you been Maria Gilda Racelis ?  I hope that you are doing well.  I saw your comment on someone elses post and thought, I have to reach out to her, I haven't seen her in a long time!

Nov 30, 2016 07:02 AM
Roy Kelley
Retired - Gaithersburg, MD

Thank you very much for sharing this important with its many lessons.

Nov 30, 2016 04:51 PM
Daniel Dominguez
Realty Connect USA - Hauppauge, NY
I'm an RE agent serving Nassau & Suffolk County

Thank you so much for this post.

Apr 28, 2018 09:17 AM