Legal Question in Real Estate Law in New Jersey

Liability for old buried oil tank

I am selling my house. The buyer had a home inspection done which found an old oil tank in a crawl space. I bought the home several months ago and had a home inspection done at that time. My home inspector did not see the oil tank. I would like to know: 1) Does the tank have to be removed or can it be filled with sand? 2) Who is responsible? Does the inspector I hired last year have any liability for missing the tank? Thank you very much.


Asked on 3/28/04, 9:17 am

1 Answer from Attorneys

Drew Hurley Law Offices of Drew M. Hurley

Re: Liability for old buried oil tank

While the title of your question said the tank was buried, the text of your question stated it was in a crawl space, therefore, possibly not buried. As you probably are already aware, there is a major distinction. Until we're sure, it's impossible to answer how it should be removed or filled. As to the home inspector you had do your inspection, there is likely liability on his/her/the company's part. You should have your attorney contact the inspector and discuss the problem. Good luck!

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Answered on 3/28/04, 11:04 am


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