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Real Estate Closing
How Can PFO Help a Realtor?
Just
Ask!
Having a relationship with PFO can be a help to a realtor in many
ways. We will:
- Offer training/information on systems and regulations, especially
about tank issues;
- Help solve problems that could delay a closing;
- Service ONA/UC properties; or those that are in transition
or probate;
- Provide tips to help you list and sell oil-heated homes;
- Analyze oil bills and consumption history;
- Provide a statement of condition of the heating system and
an analysis of its service history;
- Do a tank measurement;
- Transfer equipment and tank service agreements to the new
owner at closing.
- And many dealers will clean and tune a system before the home
is shown, often at little cost.
Reach out and work with us as partners. You'll
be surprised at how accomodating we can be.
The Truth About Tanks
Probably no subject draws more attention these days or is more
misunderstood than underground storage tanks. A few highly
publicized cases have created a distorted impression of reality. One
study found that fewer than 2/10ths of 1% of all underground heating
oil tanks are leaking. Another showed that any oil that does leak
out will not migrate more than 16 feet unless moved by groundwater.
Q: If a tank does leak, how much is cleanup
likely to run?
Contrary to the big numbers reported in the media, experience
shows that cleanups have actually averaged less than $5,000.
Q: Is there any type of protection to help
pay for the cleanup of a leak?
Yes. Many oil dealer now offer service contracts for active
oil tanks. Usually, they provide up to $100,000 for cleanup of the
leak. These contracts are transferable to the home buyer at closing
and typically cost less than $60 a year.
Q: Is there a problem getting homeowners' insurance
with a buried tank?
No. Only one carrier is reluctant to cover homes with buried
tanks and it is already reconsidering its policy.
Q: What is the life expectancy of an underground oil tank?
It depends on the materials used in building the tanks and on the
chemical composition of the soil in your area. Most tanks last for
many decades without problems.
Q: Must buried tanks be removed?
Not active tanks. And probably not even inactive tanks. Active residential
oil tanks (regardless of size) are not regulated by the state of New
Jersey. (Don't get home heating oil tanks confused with commercial
gasoline tanks!) They don't have to be registered. And there are no
state or local requirements to remove any active home heating oil
tank.
Inactive tanks, however, must be properly closed. Closing normally
involves emptying the tank of oil and either removing the tank or
filling it with an inert material like sand, which keeps it from collapsing.
The local building department will determine which method must be
used.
Q: What are the homeowners' responsibilities and liabilities if oil
leaks from a tank?
It depends on the concentration of oil in the soil. In cases where
saturation is low, the DEP permits the oil to dissipate naturally.
Otherwise, proper cleanup and soil disposal will be necessary. The
current homeowner is liable for paying these expenses unless he can
prove that the leak occurred prior to his taking title.
Q: How can a buyer prospect know if an inactive tank has been closed
properly?
Ask the seller for the name of the firm that performed the tank closing
or for copies of necessary local construction permits. Otherwise,
excavation and testing may be required.
Q: What are the warning signs that an active tank may be leaking?
Look for two key signs: water in the oil or a significant increase
in fuel use (another good reason to be on automatic delivery
an oil dealer will quickly detect the problem).
Q: What are the most popular tank testing methods?
- Soil testing, where subsurface soil on all sides of a tank is examined
for oil contamination;
- Vacuum testing, where a vacuum is created within the tank. If the
vacuum holds throughout the test, no leaks are present;
- Volumetric or tightness testing, where the tank must hold a specific
pressure for a period of time. However, according to one study, such
testing may cause piping leaks.Note: New, safer testing methods are
constantly being developed. Options should be discussed with an FMA
member-dealer.
Q: How much does testing cost?
Prices range from about $500 to $700, but an oil dealer can supply
specific information for your area, as well as the names of trained
tank testers.
Caution: Improper testing can cause leaks. Please advice clients or
prospects against trying to do testing themselves.
Q: Is there a legal requirement to get a tank tested to sell or buy
a home?
No, but more and more attorneys and lenders seem to be insisting that
all underground tanks be tested, to protect buyers from inheriting
problems.
Q: Can a test tell if a tank will leak in the future?
No. All tests are simply a snapshot in time, a picture of a tank's
condition at the time of the test.
Options For the Buyer Concerned About the Future:
Q: Isn't it likely that regulations will only get stricter and that
all buried tanks will have to be removed?
No. The trend is going the other way. Recently the DEP relaxed the
standards it uses to determine whether leaks need cleanup. Also, regulations
that formerly covered some large home heating oil tanks have been
totally eliminated.
Q: What if a client wants to change an existing tank now?
There are two prudent options:
1. Replace the tank with a modern buried tank, made of cathodically
protected steel or fiberglass, which usually carries a 30-year warranty.
2. Replace it with an above-ground tank, typically in the basement.
These tanks are normally smaller (275 gallons) and can be customized
for hard-to-fit places.
Q: Will converting to another fuel get rid
of the liability problem?
No. The tank would still have to be properly closed and the current
owner would still be liable for cleanup costs. Besides, converting
is the most expensive option, costing $1,500 to $2,500 more than replacing
an existing tank. It also carries other disadvantages.
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