All Forum Posts by: Keith Jones
Keith Jones has started 1 posts and replied 2 times.
Post: Seller's Disclosure Fraud - Underground Tanks and Contamination - WWYD
- Portland, OR
- Posts 2
- Votes 0
Quote from @Chris Seveney:
@Keith Jones
How did you discover their was contamination
If it’s because of work you did how would the seller know. If they didn’t test they were being honest
If they decommissioned it and a report from when they owned it said contamination then that’s a different story
Sorry some key details I left out...sellers left behind receipts and invoices from the contractor that performed the decommission work. One invoice summarizes initial findings from the soil samples and states in bold the elevated concentrations of contamination. There are a few follow up invoices for the additional investigations that were required due to the initial findings. All invoices are signed by the seller.
After reading those invoices, I made a records request with the State and received the actual report that detailed the full scope.
Im less focused on the level of contamination (its not great, but not horrendous) but rather the fact that there is contamination when the seller went out of their way to state that none was found.
Appreciate the responses!
Post: Seller's Disclosure Fraud - Underground Tanks and Contamination - WWYD
- Portland, OR
- Posts 2
- Votes 0
I recently purchased a home where the seller disclosed that there was a underground heating oil tank that had been decommissioned - standard question on OR state disclosure form. They then went to state "no contamination found" in the addendum to the SD. After purchasing - we discovered there was contamination over the state thresholds - which required additional studies (soil vapor, etc). The contractor determined no further action was needed (given risk factors) and submitted their report to the State. The State provides an automated letter stating that they received the report and show the file as closed.
According to my attorney, I have a case for fraud against the seller. Damages would likely be the cost to excavate contaminated soil.
Curious what others think. Would you let it slide considering that the heating oil tank has been properly decommissioned and the study complete? Or pursue fraud given the sellers false statement and my legal obligation to disclose to future buyers?