How do I know if the home I want to buy has ground contamination? Your senses will be your first clue. Do you see depressions in the ground? Do you see an air or intake mechanism sticking up out of the ground? Do you smell oil or other smells that don't seem right? Did the location used to be a dry cleaners/service station/repair shop/tanner? These would all be my first hint that maybe an expert should be called to check this out. I used to work for the U.S. Environmental Protection Agency in San Francisco, back in the days when they had the Superfund. I've also taken legal classes, though I'm not a lawyer. The courts have held that once you own property, you are responsible. So once you accept title to a property you will be held accountable for any contamination. If you want to try to get reimbursed from the person who owned the property before you, you must do so via the courts. In other words, get the soil tested, and the results known before closing. Or better yet, find a different property to buy!
On the other hand, if you already own a contaminaged property and need another parking lot, buy the contaminated land next door. Be sure the price is right. You may be in for huge expenses if the area becomes the next environmental clean up site.
So far I've heard of possible ground contamination on properties in Hadley, Wendell and Athol. Two are untested, so the seller is not obligated to disclose contamination. As far as the seller is concerned, there is no contamination known (only rumored by neighbors) and therefore the seller "doesn't know" and doesn't have to disclose what he doesn't know. Buyer beware! A small expense up front to test the soil could prevent a financial disaster if a contaminated property is purchased. The costs of cleaning up a contaminated property could be ruinous financially.
Saturday, April 5, 2008
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