Legal Question in Real Estate Law in New York

Recently I found a second oil tank buried next to my house. I bought the house in 2008 and the previous owner had lived there for 30 years. This was not disclosed by the seller. Am I responsible for the cleanup and removal of said oil tank and any subsiquent leakage? I'm not sure of the scale of the problem but I worry about pursueing anything because the town government could condemn my home/declare it unfit for occupancy.


Asked on 4/22/12, 9:55 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

If the tank is on your property you are responsible for the tank. If the tank leaked oil, you would be responsible. However, you would also be able to hold the seller responsible for indemnification.

Mike.

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Answered on 4/23/12, 5:03 am


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