Oil Tank Leak on previously owned property

[Tdugan]

What is the name of your state? NJ. 10 years ago, our family sold a property to new owners. Prior to the sale, we opened, cleaned, inspected, filled and sealed three underground oil tanks. The local township came to our site and inspected the tanks before they were filled and closed. The company responsible for the work gave us a certificate of completion. New, 10 years later, the current owners are selling thier property. They now claim to have found contaminated soil on the land and are suing us for the cost to remove all tanks and all contaminated soil. Do we have any liability since we followed all the necessary steps and inspections 10 years ago when we sold the property to them?

 

[FlyingRon]

You need a lawyer. I gave up trying to second guess the NJ environmental and occupancy laws which vary by every municipality. I think you probably have a pretty good position, but this is not a do-it-yourself defense.

 

[tranquility]

Not only state and local, but there are federal laws as well. Contaminated soil can be very expensive and the tracing back of liability does not ever have a clean break. It is well worth the money to get an attorney.

 

[alligatorob]

I am not a lawyer, but I am an engineer and have worked as an expert witness on a number of cases similar to yours. The advice you are getting is correct, it will be a complex issue and you may well be liable. Did you operate the tanks when you owned the property? Did you install them? Did the purchaser operate the tanks after the sale? Were there ever reported releases? These are just some of the questions you will have to address.

Find a lawyer who works on UST cases like this, and good luck.