Legal Question in Real Estate Law in Massachusetts

I'm selling a house that was discovered to have an underground oil tank. My home inspector didn't inform me of it when I purchased the house and it was noticed by the buyer's home inspector. The tank has been removed and now there appears to be an issue with the connecting, abandoned underground oil line of possible leakage in the past. My home inspector had originally agreed to pay for the cost to remove the tank plus related costs but due to the possibility of an environmental cleanup, he wants to turn the matter over to his E&O insurance. My home insurance adjuster has told me that they would not cover any cleanup because the ground water is not affected. He also told me that it is unlikely that the home inspector's insurance would cover the clean up either. Now it looks like we'll be stuck with the clean up costs even though we didn't cause it and weren't even aware of the underground tank when we purchased the house. This seems unjust and I was wondering if I have any grounds against my own homeowner's insurance or the home inspectors insurance.


Asked on 8/27/13, 7:20 am

1 Answer from Attorneys

I do not think your home insurance adjuster is accurate. If you had known of the tank at the time of purchase you would have required the Seller to remove it at his cost. His E&O may take that position but I do not think that will hold up.

You may have a claim against the Seller and the Broker if they knew of the existence of the underground tank.

You may want to consult an attorney for assistance.

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Answered on 8/27/13, 12:02 pm


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