Problem with newly bought property

By inspecting the place before you bought it.

conversely, if he is expected to know it was there, so was the previous owner that didn't disclose it on his sale sheet.

Legally and "what should have been done" are two different animals altogether.

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Just tossing in another thought here. or two or three

First, is it gasoline, or diesel? If it's gasoline, it can evaporate relatively quickly and the way to deal with any liquid residue is to open it up and let it vent for however long it takes. If it's diesel, the risks of contaminating the groundwater is MUCh higher-I could tell you some real horror stories about that.

Then, you need to figure out what size it is. And what's left in it. To accomplish the first, call around to places to sell them and ask the common sizes. In my area, that's 300 & 500 gallon-occasionally a 1000. (Most new EPA regs don't cover home heating oil tanks, btw-or storage capacity under 660 gallons per residence) Once you have figured out the probable size (you can also call around to fuel co's, and ask them if they have delivered to that property-they will have a record of tank size) then you need to stick the tank too. Take a 1x1 stick, and feed it through the fill cap-put a good long length of very stiff wire on it too. When it bottoms out, bring up the stick and see how many (if any!) inches of liquid remain. It may be totally empty-you don't know as yet. It's entirely possible that there is a bit of "sludge" on the very bottom-which is okay-way better than dealing with several hundred gallons of who knows how old fuel product.

If you show several feet of product, I would call above mentioned fuel distibutor and talk to them about pumping it out, before even considering disturbing the tank itself. If you're lucky, it's not leaking (most don't, contrary to popular opinion) and then you have very little to be concerned about.

You cannot pressure test a fuel tank. They are not pressure vessels and to attempt to do so is dangerous. JMO.

Ok, from the post it sounds like this tank is clearly labeled gasoline. I won't drag out my soapbox and harp on what should or shouldn't be done with this tank, but I am going to address digging up undergroud tanks. Please, please, please be very careful when using a diesel powered piece of equipment if there is the most remote possibility that an old propane tank could be struck. It doesn't take much and that piece of equipment is sky high. And don't count on being able to get it shut down when you hear the motor race, time just might not be on your side.

I can at least agree with that part.

BooBoo

I am sorry too. Some people really stink.

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A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines.
Ralph Waldo Emerson (1803–1882)

When we purchased our farm 3 years ago, the previous owner left us all sorts of stuff that "she thought we could use" (her real estate agent's exact words!). One of those "useful" items was a leaking 55 gallon drum of diesel...which she had to spray along the property lines to kill weeds!! I was so mad when I heard that I was almost spitting. I informed her agent that we would have no use for the diesel because we'd be converting the farm to organic and only a real jerk would think that spraying diesel on the ground was a GOOD idea! He then proceeded to tell me that 'people just do that around here, it's different from where you're from....." I about hung up on him at that point, but I digress. My point here is that the woman we bought from KNEW what a pain in the butt it would be to dispose of said drum of diesel, just like the painter who sold you this headache of a property KNEW about the tank. I would first contact the agent who listed the property, then I would go over his head to the broker in his office. I would inform them of the problem, there's agood chance they've be taken just like you have. Once they're aware of the situation, I'd expect them to start the process of fixing the problem. If that doesn't happen, re-read your purchase contract and contact a good real estate attorney. I would imagine that the painter had friends who hunted with him. A decent attorney should have no trouble "digging" up evidence just by interviewing people who had been on the property. BTW, I love that you found a hand-labelled key tag for the tank, that may just be the smoking gun. If you could have that matched with the seller's handwriting....case closed!

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"Perhaps I'll have them string a clothesline from the hearse I am in, with my underwear waving in the breeze, as we drive to the cemetary. People worry about the dumbest things!"
by Wendy

I am a Realtor with licenses in both IL and WI and I can tell you to contact an attorney. Disclosure laws differ from state to state. Most disclosure lines read, "I am aware of yada yada", with the key word being AWARE. If you can prove that he had knowledge then you have a good chance that you have grounds for a suit. The Realtor could be liable as well if you could prove he/she had knowledge, but I doubt the agent had any idea. Personally, that is why I always encourage buyer's to purchase an inpection. It protects the buyer and takes some liability off of me.

You need to document as much as possible now. Take good photos. Take a look and see what's in the tank. Is it gas or water? Call an attorney and schedule a consultation ASAP and figure out your options and give yourself a couple of days to cool down before you calculate your next step. Sometimes sueing is a good idea, sometimes not. It sounds like the previous owner was a dishonest character and screwed you in other ways too. If he is still in state it may be easier to go after him. Just don't make the mistake of wanting to get him back so bad that it becomes a costly mess for you. Anyway, I think there is more than one way to address this issue and I wish you the best of luck in sorting it out.

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-Paul

"If women don't find you handsome, they should at least find you handy." -Red Green