Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 11-26-2004, 09:12 PM
magic33bus
Guest
 
Posts: n/a

Disclosure Problem


What is the name of your state? NJ

HELP on disclosure!
We bought our house four years ago and are doing a major renovation. In the process of doing the renovation, our water pipe from the house to the curb broke. So we had a plumber come out to fix the expensive problem. When the plumber was digging deep into the ground he hit a old oil tank used for heating. The oil then preceded to leak into my basement. We are 95% sure the previous owners who converted the furnace to gas never disclosed when we purchased the house. ( at this moment, can't get to my files) Can we go after the previous owners for not disclosing it and also the people who did the conversion for illegally leaving it in the ground with oil still in it. It is against the law. What are my options. SHould i also go after for my township if they knew about it and a permit was pulled and inspected by the town?
thanks sooo much. What a mess!

Last edited by magic33bus; 11-27-2004 at 08:25 AM. Reason: wrong title
  #2  
Old 11-27-2004, 08:39 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by magic33bus
What is the name of your state? NJ

HELP on disclosure!
We bought our house four years ago and are doing a major renovation. In the process of doing the renovation, our water pipe from the house to the curb broke. So we had a plumber come out to fix the expensive problem. When the plumber was digging deep into the ground he hit a old oil tank used for heating. The oil then preceded to leak into my basement. We are 95% sure the previous owners who converted the furnace to gas never disclosed when we purchased the house. ( at this moment, can't get to my files) Can we go after the previous owners for not disclosing it and also the people who did the conversion for illegally leaving it in the ground with oil still in it. It is against the law. What are my options. SHould i also go after for my township if they knew about it and a permit was pulled and inspected by the town?
thanks sooo much. What a mess!
**A: yes, you can but you have a hard road ahead.
  #3  
Old 11-27-2004, 11:17 AM
Senior Member
 
Join Date: Jan 2003
Posts: 19,155
Do you KNOW the prior owners were the ones that did the conversion? The conversion may have preceeded their ownership - and knowledge. Also, there was a time when such conversions were perfectly ok and so was burying the tank. It is possible that the conversion, depending upon when it occured may not have been illegal. And the age of this furnace may not tell you when they converted, The furnace PRIOR to this one may have been the conversion.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #4  
Old 11-28-2004, 09:21 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Great food for thought.
  #5  
Old 11-28-2004, 02:20 PM
magic33bus
Guest
 
Posts: n/a

Disclosure


Yes we do in fact it was the previous owners and we believe the conversion occured in 1995 just 8 years ago. The previous owners bought the house in 1991. In fact they moved just down the street, 2 doors. I am going to the city tomorrow and the lawyer who handled the real estate transaction, I think that is the best bet for me, any thoughts?
  #6  
Old 11-29-2004, 08:37 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Ok, keep us posted.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:53 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.