If the seller cannot provide any written reports about soil testing, should testing be performed?
A9. Many homeowners have discovered soil contamination exists around their buried abandoned oil tanks that their town or municipality considered properly decommissioned. These homeowners originally purchased property based strictly on the municipality or town building inspector’s approval and ignored the fact that soil testing was not performed at the time the underground heating oil tank was filled with sand, gravel or foam. Now, the homeowners are selling their homes and they are providing the buyer with all the municipality’s documents about the buried oil tank on the property. Since the homeowner provided no documents about the condition of the soil in the tank excavation, the buyer tests the soil and discovers levels of contamination (heating oil) in the area around the underground tank. Even though the homeowner has all the supporting documentation from the municipality, the responsibility for cleaning up the contamination rests solely with the unsuspecting new homeowner. The reg