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Inaccurate soil contamination test. Do I have a case?

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To_be_announced

Junior Member
What is the name of your state (only U.S. law)? NJ
Back in May of this year, as a part of a home inspection contingency to the sale of my home, I had a tank/soil test performed on my underground oil tank. Both tests were performed by the same company on two seperate visits. Both tests failed. The tank failed the integrity test and the soil test came up well above the 1000 pound push limit. After much chaos and back/forth with the buyer, the home sale was kabashed. After speaking to several people, I decided to pull the tank to see what was going on and what needed to be done in order to resolve this problem. An abatement contractor came to my home at a tune of $1600, dug up 1/2 of my driveway since this is where the tank is located and what do you know..the tank is pulled and not a single hole..nothing. A soil test is then performed on the soil directly under the tank, and that comes back clean with a slight showing a spillage, probably from over fill on oil delivery. Also, on the same day while the tanks out, a Lt. from the town's fire department came, saw the tank personally and commented on the fact that there was not one hole in it. I have a certificate from the town and state also advising that everything passed.
So I am now out over $5,000 not including the loss of my home sale all due to this inaccurate test and I would like to know if there is anything I can do to try and salvage any of my money. Would small claims be the proper venue, or should I consider hiring an attorney.
Any suggestions will be greatly appreciated. Thank you in advance.What is the name of your state (only U.S. law)?
 


To_be_announced

Junior Member
No one has any ideas?

The only attorney I spoke with directly advised that I should definitely have a case should my home re-sell at a lesser price than the original accepted offer. However, I really didn't wish to wait that long as my home is currently off the market and I won't be listing again until after the holidays.
And just to add insult to injury, I am now in receipt of 2 collection notices regarding the outstanding balance for this inaccurate soil test. I've been making payments towards the balance in full but it doesn't seem to be getting paid fast enough for this contractor.

Any assistance would be appreciated.
Thank you.
 

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