Special offer

Who do you call, when no one remembers? Heck, how do you tell the seller?

By
Real Estate Agent with eXp Realty LLC 200311024

photo courtesy of scol22I recently took a listing and went through all my questions that I ask the seller, but there was one answer that I knew I had to check on, because she didn't know. The question was has the oil tank been removed or decommissioned?

You see, I had sold a few homes in the area of this home and knew 95% of the homes in this area, when they were built, had oil heaters. Her house had an electric heater and, as far as she knew, it had always had an electric heater and never had an oil tank.

So, knowing she had only owned the home for a couple of years, I decided to check the MLS for the old listing and found that the home had been sold 5 times in the last 8 years. Each time it showed the home having electric heat and no mention of an oil tank ever having been there.

So, I decided to make two more phone calls to the city and DEQ. Sure enough they had the home listed as having an oil tank that was still in use and hadn't been removed or decommissioned.

My first thought was great, I just cost my client $5,000 or more, if this oil tank that is still somewhere on the property has leaked. But, my second thought was how far back did this oil tank history go? How many buyers of this property didn't know it was there?

Fortunately or unfortunately for my client it only cost her about $1000 to decommission the tank and there was no sign of leakage or ground contamination. But, I told her she couldn't cover it up or she would be committing fraud against the buyer despite her not being told it was there.

I told her to contact a lawyer to see if she could recover the cost of the decommissioning, but to this date she still doesn't have an answer, because I'm guessing, like her, the previous five buyers didn't know it was there.

I basically told her that it was better that I found it than the buyer and then maybe having to go to court and still end up having to pay that, or more. So, if you are buying a property in an area that is know for having oil heat, then I suggest you make that extra couple calls before you purchase that property or it could cost you later.

 

Comments(14)

Russ Ravary ~ Metro Detroit Realtor call (248) 310-6239
Real Estate One - Commerce, MI
Michigan homes for sale ~ yesmyrealtor@gmail.com

We don't have that problem here in Detroit thank goodness.d

Feb 01, 2009 04:49 AM
Vickie McCartney
Maverick Realty - Owensboro, KY
Broker, Real Estate Agent Owensboro KY

Hi Todd~ This is when working with an "experienced" Realtor really makes a difference.  Good job with the "detective" work and protecting all of those that would or could be involved!

Feb 01, 2009 04:49 AM
Heather Goodwin
Licensed by the Louisiana Real Estate Commission - Shreveport, LA
Results That Move You

Todd, fortunately we don't have that problem.  Our big issue these days is who owns the mineral rights?

Feb 01, 2009 05:05 AM
Michael Murphy
Bienvenidos Real Estate - Parksville, BC

Hey Todd,

good work. The liability not only lies on the homeowner but on the realtor as well. You did very good work to eliminate that from coming back and biting you and you client. Well done!

Feb 01, 2009 05:06 AM
Sonny Kwan
Quantum Group Commercial - Residential - Lease Seattle, WA - Mercer Island, WA
206-819-8228

Would this fall back on the original sellers way back 8 years ago for not disclosing the oil tank?

Feb 01, 2009 05:12 AM
Robert Havana
Park and Protect- Alberta Real Estate License Parking - Calgary, AB
Alberta Real Estate License Parking

I believe an inexpensive solution in a situation like this would be to purchase title insurance for the new home buyer.  If the seller is unaware of any possible defect, the insurance is a very cheap guarantee that there will not be a problem, or if there ever is the cost of remidiation will not covered by the insurance.  For the $200 it costs it might be the best money spent in a situation where there are 'unknowns'.

Feb 01, 2009 05:15 AM
Larry Ulfig
RE/MAX Professionals South - Plainfield, IL
Naperville/Plainfield

Way to cover yourself Todd, you did yourself and your client right.

Feb 01, 2009 05:32 AM
Denise Gray
Realty World Alliance - Wichita, KS
Realtor SRES, Wichita Kansas Homes

Robert could you explain why title insurance could be used in this situation as protection? 

Feb 01, 2009 05:35 AM
Portsmouth NH Real Estate Agent - Rebecca Skane, Realtor®, e-PRO®
Keller Williams Coastal Realty - Portsmouth, NH

NH JUST started to keep logs about USTs and have them removed when found.  When they were put in ground, there was no record kept so on older properties, no one knows if they exist or not.  My home was built in the 20s.  We just had ours removed last year and all of the earth around it when re realized it was there.

Feb 01, 2009 05:40 AM
Don Rogers
Keller Williams Realty Chesterfield - O'Fallon, MO
Realtor, Broker, CDPE, GRI, OnullFallon MO & St Charles County MO homes

Todd,

This is a great point and one that the other listing agents should have checked into too.  Maybe I am just assuming too much tho.

Feb 01, 2009 06:02 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Todd, in these parts, oil tanks cost a whole lot more than that to deal with.  We've seen the numbers go to $25,000 for a clean up and at least $10,000 for a proper removal and burial.  And you did the right thing by your seller.  That's a lot less expensive that dealing with a lawsuit at some time in the future.

Feb 01, 2009 06:15 AM
Tom Braatz Waukesha County Real Estate 262-377-1459
Coldwell Banker - Oconomowoc, WI
Waukesha County Realtor Real Estate agent. SOLD!

Todd

That is a real interesting question as it arises. In Wisconsin there was a department called DILHR. It took care of all underground storage tanks. It had problems and then the department of commerce took over. We are able to look on-line to see if there are underground or above ground tanks registered. However, sometimes they pop up as a "is there" question. I had one while ago that was gas heat in a multi family. It had a walled off heating room. The flag came up when the seller said they were converted some years ago. As I looked in the corner of the basement on the wall where the corners came together I saw a small hole when an oil line had came in one time. Sure enough out tank guy found these big honking underground storage tanks in the front yard of the property.

Hope your selling everything in Beaverton; you are a tremendous asset to the City.

Tom Braatz 

Feb 01, 2009 07:51 AM
Angelia Garcia
Pure Realtors - Dallas, TX

You are one of the good apples in Real Estate.  Thumbs up to you.

Feb 01, 2009 02:02 PM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

Todd, I think Washington and Oregon are much alike when it comes to oil tanks. I had to decommission several tanks in my previous corporate life. As things get more green this will become a bigger expense for everyone involved...

Feb 01, 2009 03:25 PM