Whom is responsible if I purchased a home that has fuel oil contamination?
Topic: Contacts case smells
June 25, 2019 / By Starla Question:
I purchased an older home 5 years ago and the first thing I noticed was the smell of fuel oil in the home. My inspector and realtor had told me this is normal. During the inspection we weent to the basement and saw a pan catching fuel oil at the filter for the furnace and the inspector told me there is where your smell is coming from, that will be an easy fix. As soon as i purchased the home my father and I purchased a new filter can and everything, it stopped the leak but the fumes remained. Then the furnace died within 6 months. I replaced the furnace with natural gas and had all parts of the fuel oil tank, furnace, pipes all removed. Approx. 4 years later the odor is still just as strong. The market is so bad in Michigan I relocated for a new job almost for years ago and since then have been trying to lease my property out and cannot keep paying renters in there. My home is now being foreclosed and I will be responsible for whatever money they do not recoup and I owe much more than its worth. People have been telling me that someone should be responsible for that fuel oil contamination but the home I believe is a health hazard. What should I do or whom should I contact? Any ideas out there? Please help.
Best Answers: Whom is responsible if I purchased a home that has fuel oil contamination?
Prunella | 9 days ago
your questions needs to be answered in a few parts.
1- if you had a home inspection and have a report, you need to see what he/she wrote in it. Also, do you have anything in writing from the realtor?
2- If the home inspector wrote about the problem, as in, it was a minor problem to fix, then you may have a case to sue the home inspector. The issue you will have is time limitation. I will discuss this further in this response.
3- if you have something in writing from the realtor, then you can also sue them.
4- The problem you have, is that as a rule, you have two years to sue from the date you discovered the problem. If the inspector identified it as an issue, you are past the time limit. If he did not put it in the report, then you can sue him for failing to inspect correctly, but you may not get your monies worth, as there may be a clause in the home inspection limiting the amount of money you can sue for.
5 - There is a way to get the smell out. You can rent or buy a machine called a themal fogger which eliminates mold, smoke and other nasty smells. The machine is made by Unsmoke, and sells on Ebay for around 149.00. You need to put in chemicals, but this machine will elimate 99% of all smells. Hotels use it to get smoke smells out of rooms.
6 - If you use this machine, you most likely will be able to rent it out again assuming you are not too far down the foreclosure list. If you cannot do this, at least with the cleanup you will get more money for the house.
7 - sorry that things are so bad for you. I hope things turn around for you.
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Originally Answered: Dry Rot on window on home we just purchased?
Your or their homeowners policies will not covere it. Theirs may have but they do not own the property anymore. Did you have a home inspection prior to purchase. If you did you may have some recourse with the inspector.
But, you do not have dry rot. This is a moisture problem. Repair is of the existing damage is doubtful. Your goal now is to prevent further damage. Check the weatherstripping and things like that. How old is the house? Were they installed correctly? If the cirrent damage is severe your best option is to replace then windows.
I disagree with the previous answer. Both realtors and home inspectors have what is called errors and omissions insurance. You have a suit but will need to talk to an attorney. I think your suit is with the home inspector. That should have been caught.
The Realtor is culpable since he said that is common. No it's not.
It should have been up to the home inspector to find a definite cause so he made an error assuming it was a simple fix. The only problem I see is the length of time. There may be a statute of limitations. I don't know about Michigan but here in Texas it is 2 years.
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You, as the homeowner, have the burden on your shoulders. When you buy property, you take on the entire responsibility for the property. Unless an agreement was made between you and the former owner at the time you purchased the home, it's yours. After this amount of time has passed, I assume there was no mention of the spill. The old 'Buyer beware' syndrome.
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Oil prices are rising as natural reserves are running out. & alternative fuel sources are yet to be commercially viable. Putting the blame solely India & China is pure trash. The per capital consumption of developed countries like America is much higher.
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The person most likely is the realtor, the person who ha owned the house before you. They should be charge yet can't. i believe it is ur problem now. Try airing out your house, Open up th hard to reach windows and leave the house fora couple fo hours like you would on a hot summer day to keep ur house cool.
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Originally Answered: Refinancing my home with a lower value than when purchased?
the bank will not lend you less than the value of your home. you could refinance the new value for a lower loan rate, but youll end up still owing the 100K difference in price. How do you plan to come up with that?
I suppose you could ask the bank if its possible to just refinance the remaining balance on the existing loan. this might work if there was competition to get your business for home financing; but considering your situation, it would probably be very difficult.