What are our rights regarding a leaking oil tank in a home that we bought?

Do I have a case against previous homeowner and oil company? I bought my home 2 years ago and now that I’m selling it I decided to remove the rust on the tank and hve found that it was leaking for years. There was an insurance policy on the tank, that the previous owner had not informed us was up for renewal. The oil company kept putting oil into a leaking tank. Do we have any legal recourse? I bought the house at an “as is” auction.

Asked on July 14, 2012 under Real Estate Law, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to speak with an attorney in your area as soon as you can.  He or she needs to read the "as is" document and if there is a seller's disclosure document that came with it.  If there was fraud or mosrelresetntation or negligence even I think you may have a basis for an action.  And look at abatement asap.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.