Property with a possible oil tank... Should I buy??? Need advice

Property with a possible oil tank... Should I buy??? Need advice

Real Estate Agent · Livingston · Member since 2017 · 109 posts · 6 votes

I had a magnetometry survey (fancy name for an oil tank sweep) conducted at a property I am looking to purchase in Northern New Jersey. The scan detected an anomaly between the grass and driveway. While a metallic footprint consistent with a large metallic object present, the absence of a fill pipe or vent pipe necessitates the need to excavate the area with shovels. The seller is Fannie Mae and the seller's is not allowing to dig to find out whether its an oil tank or not. Also present is one Oil line in the basement that leads to the general area of the anomaly (apparently there should be two lines but only one is present). No other anomalies on the property exist. Last time the property was sold was in 2004. The town does not have any records of permits for the removal of an underground storage tank. Property has been in foreclosure since 2014. 

The cost to remove an oil tank is ~$2,500 (quoted by the same environmental company that did the inspection above). The issue is to confirm if the soil is contaminated and the extent of the soil contamination. The seller is not allowing to dig the area. The property has probably $30,000 - $40,000 of in the money equity in its current condition. 

Question to the more experience investors is whether I should do the deal or not? Also, is there any other way to find out if there is an oil tank or not? I discussed the possibility of a non-invasive scan but the environmental company suggests that's not going to help us here. The non invasive scan is only going to tell us that there is an anomaly there (which we already know) but not tell us why there is an anomaly and what really is there (septic, oil or dry well). 

Any help will be much appreciated. I clearly understand no one will be providing legal advice. But if you folks were in my shoes, what would you do? 

Thanks

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Rehabber · Westwood, NJ · Member since 2015 · 388 posts · 136 votes
9y

Hi @Zain B.

If the seller "Fannie Mae" in this case will not allow you to do a soil sample then you need to move on.  This is of course you have so much room in your potential profit that you can absorb the hit of buying and there is a leak.  Fannie Mae is a pain in the a**.  Pull your offer back and move on to the next potential deal.

Gary

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  • Rehabber · Westwood, NJ · Member since 2015 · 388 posts · 136 votes
    9y

    Hi @Zain B.

    If the seller "Fannie Mae" in this case will not allow you to do a soil sample then you need to move on.  This is of course you have so much room in your potential profit that you can absorb the hit of buying and there is a leak.  Fannie Mae is a pain in the a**.  Pull your offer back and move on to the next potential deal.

    Gary

  • Oak Ridge, NJ · Member since 2016 · 103 posts · 95 votes
    9y

    @Zain B. One line oil systems are more rare than two line systems but they are out there so don't make assumptions based on that. Very often when underground oil tanks were abandoned the fill and vent pipes were removed so that can't be used to determine the existence of a tank either. If there is an indication from the sweep that there is an underground tank then go with the assumption that it does exist.

    The big question is what to do from here. If you purchase the property, the tank and any related contamination is yours. Find out what the $2500.00 quote you received covers. The tank will need to be removed as well as any and all contaminated soil. The company that removes the tank and contaminated soil needs to be licensed to do so and will have to provide you with a certificate from the state proving that this work has been done properly. Until the certification is in hand, no lender will provide financing for either you or your perspective buyer. 

    Oil tank remediation carries the possibility of costing tens of thousands of dollars. If your seller is refusing to handle the problem and is not allowing you to investigate how deeply you may be committed then your best bet may be to walk away.

  • Real Estate Agent · Livingston · Member since 2017 · 109 posts · 6 votes
    9y

    @Gary Harris the advise that you are giving is what my realtor also gave but i want to explore a bit more before I give up. 

    @Tom W. I agree I should not make an assumption about the one line oil system.  The $2,500 quote which I agree is on the high end covers the removal of the tank and if there are any holes than they will test the soil sample. 

  • Johnson City, TN · Member since 2014 · 586 posts · 705 votes
    9y

    Is it common in your area for buyers to have a sweep inspection?

  • Real Estate Agent · Livingston · Member since 2017 · 109 posts · 6 votes
    9y
    @ Tim Chapman, it is common and recommended by realtors
  • Howell, NJ · Member since 2016 · 87 posts · 56 votes
    9y

    Zain,

    While the $2500 tank removal is high, it's not necessarily prohibitive.  However, if there is a leak of any size whatsoever you will be losing a ton of money on this deal.  The fact that they will not let you analyze a soil sample is a red flag for me.  I would pass.

  • Real Estate Agent · Livingston · Member since 2017 · 109 posts · 6 votes
    9y

    @Jason Timmerman you are right, its a big red flag. @Tom W. was absolutely correct in his assessment. My lender just called me and said that they will not finance the property without knowing what's beneath the ground. I wish I knew that the seller will not allow me to conduct a soil sample and remove an oil tank if found. I wasted money on the environmental scan as well as my attorney review. For the experienced investors, should the attorney charge the full $1,500 for a failed contract. I thought $1,500 was too much to begin with but now that I will not be proceeding with this purchase, should the attorney charge the entire amount? 

  • Howell, NJ · Member since 2016 · 87 posts · 56 votes
    9y

    It depends on the attorney.  If you worked out a flat fee, the attorney may pro rate the deal using their hourly rate

  • Real Estate Agent · Livingston · Member since 2017 · 109 posts · 6 votes
    9y

    All, 

    Thanks for all of your efforts to help out on this deal. Long story short, I ended up wasting $200 on an environmental scan and another $250 for my attorney only to find out about a incompetent agent not willing to do his / her job. I did learn throughout the process so not bad from an investment perspective. Thanks again. On to the next one. 

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