ACTIVE
SOLD
RSS

Concealing knowledge on your Property Disclosure Statement could be costly


Image result for photos of oil tanks being dug up

A former North Vancouver couple have been ordered to pay $37,000 to the people who bought their home after a judge determined they deliberately concealed knowledge of a buried oil tank on their property.

The B.C. Supreme Court ordered the former owners to cover the costs of removing the underground oil tank and cleaning up the soil that had been contaminated by leaking oil.

The judge ruled the sellers were responsible for the cleanup, even though they had never used the oil tank.

The current owners bought the house in 2001, but didn't discover the underground oil tank until 2016, when they dug it up and had to pay for cleanup of the contaminated soil.

The former owners, who bought the house in 1976, maintained they were not aware of the tank or any contamination, so shouldn't be held responsible for it.

They said they removed an oil tank inside the house and converted the heating system to natural gas shortly after buying it, decades ago.

They claim that it never occured to them to ask about underground storage tanks because these were not generally the subject of concerns in the 1970's. They argued the tank was a case of buyer beware.

This is usually the case, except in instances where the sellers of a property have actively concealed or misrepresented the defect.

The current owners explained to the judge that excavation of the tank revealed its vent pipe was within inches of both an irrigation system and a sewer line on the property, which the seller, a retired plumber and gasfitter had installed both system, and would have seen.

The judge agreed that the seller either knew or had very good reason to believe there was an underground storage tank on the property and was ordered to pay the $37,000 clean up.

Image result for photos of oil tanks being dug up


 

Comments:

No comments

Post Your Comment:

Your email will not be published
Reciprocity Logo The data relating to real estate on this website comes in part from the MLS® Reciprocity program of either the Greater Vancouver REALTORS® (GVR), the Fraser Valley Real Estate Board (FVREB) or the Chilliwack and District Real Estate Board (CADREB). Real estate listings held by participating real estate firms are marked with the MLS® logo and detailed information about the listing includes the name of the listing agent. This representation is based in whole or part on data generated by either the GVR, the FVREB or the CADREB which assumes no responsibility for its accuracy. The materials contained on this page may not be reproduced without the express written consent of either the GVR, the FVREB or the CADREB.