Attorney allowed sale with leaky oil tank

[Olga McKinney]

Purchase the property with leaky oil tank.

The sellers  were originally going to rememediate however my attorney suggested we accept  $20,000 (cost of remediation) off sale price, use the sellers contractor and close on the home.

As it turns out the attorney did not read the Remediation contract very well and Remediation was for only partial cleanup and Contractor not licensed in the state of Connecticut which is a requirement.

When we begin the process we informed the attorney we wanted all contaminated soil remediated

Now I’m stuck with a property where Remediation will cost well over $75,000 .

There’s also an issue with the Well Water most likely being contaminated.   Not sure what the cost for cleanup will be for that.

What are samples for taken from a reverse osmosis system which makes them totally useless. 

My attorney has not taken responsibility for accepting the estimate.

The test results I have now far exceed state recommendations and vapors are present .

Most vapors Are detected in and around the master bedroom

Majority of the contamination is under the foundation of the home.

The attorney emailed me when we initially found out there was oil on the property that we would get all the necessary documentation associated with the cleanup.

Another issue is the sellers stated that the oil tank was removed and now there is a high likelihood that the oil tank still remains underground

At the closing , which we were not informed was going to happen, she closed for us without our consent  and did not get any of the required documentation.

Atty also didn’t realize the property consisted of two lots and only acquired 1 deed at closing.  I became aware of this when I received the tax bill showing that it wasn’t paid and remained in the sellers name.

This purchase has been a nightmare.

I need advice regarding this issue and What recourse do I have regarding this issue. 
I can use all the help I can get thanks in advance .

O. White

[Jay Hinrichs]

Quote from @Theresa Harris:

You shouldn't have closed until it was inspected after the repairs. This is on you as well.  What did you do when the attorney emails you and asked to get all the documentation associated with the clean up?  If the sellers put it in writing that the underground tanks would be removed and they weren't, then you should talk to a lawyer about suing them.

I bought a place with an old above ground oil tank and made sure it was removed before closing.  

I simply do not understand the blind faith that buyers and sellers have with attorneys  in attorney closing states just baffles the heck out of me.

these issues are handled with your real estate broker and your self full stop  then you tell the attorney when it is OK to close and what your willing to do letting an attorney who probably is juggling 50 to 100 files make your decision for you is just insane to me.   UNLESS you specifically engaged them by the hour to go through your contracts and advise on all aspects of it. 

If you feel there has been malpractice then well you have to file a complaint and go after their E and O insurance.  which it sounds like with the dollars involved here that will be the way to go..