Hazardous Materials and Garbage

[Melinda Davies]

What is the name of your state?What is the name of your state? Georgia

We have a lease purchase on property in Georgia. We haven't closed on the property yet. Our contract says there are not any Hazardous Materials and the discloser statement states the same. We ask the realitor countless times about the garbage, oil tank, scrap metal, tires and barrels (don't know what is in them), she said the owner will move all of these items before moving out, "No Problem". Well, he didn't remove them. How much of this can I make them move? They agreed to pumping the oil out of the tank but do not want to remove the tank. Wouldn't the tank be considered Hazardous Material. Can I push this point before the closing. The items are in our way. I don't like paying rent on property I don't have full use of.

 

[pojo2]

Define "lease purchase" as you use it?

Are you are simply leasing until your closing or are you leasing in anticipation of owning the property at some point?

There MIGHT be EPA issues here.

 

[HomeGuru]

What is the name of your state?What is the name of your state? Georgia

We have a lease purchase on property in Georgia. We haven't closed on the property yet. Our contract says there are not any Hazardous Materials and the discloser statement states the same. We ask the realitor countless times about the garbage, oil tank, scrap metal, tires and barrels (don't know what is in them), she said the owner will move all of these items before moving out, "No Problem". Well, he didn't remove them. How much of this can I make them move? They agreed to pumping the oil out of the tank but do not want to remove the tank. Wouldn't the tank be considered Hazardous Material. Can I push this point before the closing. The items are in our way. I don't like paying rent on property I don't have full use

**A: the Seller is lying.

 

[Melinda Davies]

We are leasing only until closing. We will close as soon as our old house sells.

 

[pojo2]

So, you have a choice to make, close and never get it removed and possibly have a house YOU can not sell in the future or contact and Atty and see if you can walk away from the deal. Or contact an Atty period at this point in time.

 

[alligatorob]

Hire a competent environmental firm to do a Phase 1 audit (now called an AAI). They will send someone out who knows what to look for and can tell you if there is a risk of hazardous materials or contamination on the property. I would not buy a place with oil tanks and barrels of unknown material without one; you risk big problems down the road!

 

[HomeGuru]

That's right......big problems.