Oil tank discovered in the garden
Q. My wife and I own an old home that we purchased almost five years ago. Recently we discovered that the raised garden on our patio disguises an 8-foot-long heating oil tank that hasn't been used for decades. The existence of this fuel tank was not disclosed when we bought the house, and our home inspector did not discover it, even though there is a fill pipe that sticks up from the garden. We feel that this should have been disclosed to us. There's still some oil in it, and we're worried that it might eventually leak into the ground. The question now is who should pay to remove this tank: the inspector, the Realtor, the sellers, or us?
A. If the sellers were aware of the fuel tank, its presence should have been disclosed. If they owned the property for many years, they probably knew about it, but proving that someone had knowledge can be a very big challenge. After five years, liability is no longer certain and depends on the laws in your state.
If the fill pipe for the oil tank is conspicuous, it probably should have been noticed by the home inspector. However, unless this pipe is distinctive in appearance, it might not have drawn the attention of an inspector. Liability for home inspectors in your state also may not extend for five years.
As for the Realtor, it is highly unlikely that an agent would have the expertise to recognize a fuel tank fill pipe.
Since your main concern is possible leakage of fuel oil into the ground, you might consider having the tank drained rather than paying to have it removed. It would also be wise to have it evaluated by an environmental inspection company.
Q. Our wood floors are squeaky in several places. An architect told us the flooring may not have been properly installed. When we were still in the warranty period, we reported this to the builder. He injected something under the boards which helped for a while. Since then, we have not been able to locate him for follow-up maintenance. The big question now is how can we remedy this situation? We're afraid that when we eventually put the house up for sale the squeaky floors will deter potential buyers. What can we do? Angela
A. The first thing to do is to have the floors evaluated by a contractor who installs wood flooring. This will help to determine what was wrong with the original installation and to consider available options for repair. If it turns out that the squeaking cannot be eliminated, you'll have to decide if you are able to live with the squeaking or would rather have the flooring replaced.
As for future sale of the home, homebuyers will often accept this kind of defect if it is fully disclosed by the seller. In older homes, squeaky floors are quite common, and most people tend to take them for granted. In a newer home, such as yours, they are less common. Again, you'll have to decide what to do, based upon the recommendations of a flooring expert and upon how significant the noises seem to be.
• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.
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