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Updated over 8 years ago on . Most recent reply

Account Closed
  • Real Estate Investor
  • State College , Pa
173
Votes |
594
Posts

Buried oil tank in the back yard for pool heater.

Account Closed
  • Real Estate Investor
  • State College , Pa
Posted

I am rehabbing a house that has a buried oil tank in the backyard.  It is not needed anymore.  The house is in Pa.  I popped off the fill lid today and it has about 1 inch of fuel left in it.  It has probably been in the ground for a long time and does not appear to be leaking.

1. Should I just empty it, rip the top off and fill it with dirt?

2. Should I call in someone who will basically do the same thing?  I am concerned he will not sign off on anything without a environmental test.  Big$$$$

3. Should I just leave it in, disclosure it of course, and invariably have either the home inspector/bank underwriter or appraiser basically push me back to option 2?

Basically is there anyway out of this, less having an expensive environmental test.

Thanks, never had a buried tank on the lot before.

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Chris K.
  • Attorney
  • Nashville, TN
1,226
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Chris K.
  • Attorney
  • Nashville, TN
Replied
Originally posted by @Steve Babiak:
Originally posted by @Chris K.:

@Mags S. 

... @Steve Babiak ...

Note that when your kids sell your home, they will need to disclose the underground tank. Of course, the law may change between now and then. :) 

Actually, when the children sell, they might do so as executors of the estate - and executors are exempt from having to disclose (at least at this time). Once any heir takes title, then the disclosure would be required. Of course, the law could change over time as Chris already pointed out ;)

There is a thread titled "PA Laws" that has links to some of this Seller's Disclosure stuff. 

Haha Steve --- you know the law too well!

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