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Environmental Issues Ny Disclosure RequirementsAsbestos_and_environmentalMEDIUM

A buyer's agent in New York discovers that their client's target property has an underground storage tank (UST) that was registered with the New York Department of Environmental Conservation. The tank was properly closed in place five years ago. What should the agent advise the buyer?

Correct Answer

C) Request documentation of the closure and consider environmental testing to verify no soil contamination occurred

Even properly closed underground storage tanks can have caused historical contamination. The buyer should request closure documentation and consider environmental testing to verify that no soil or groundwater contamination occurred during the tank's operational period. This protects the buyer from unknown environmental liabilities.

Answer Options
A
The proper closure eliminates all environmental concerns and liability for the buyer
B
Avoid the property entirely since underground storage tanks always create ongoing liability
C
Request documentation of the closure and consider environmental testing to verify no soil contamination occurred
D
The registration with DEC provides sufficient protection against future environmental claims

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Related Topics & Key Terms

Key Terms:

underground_storage_tankclosure_documentationenvironmental_testingdue_diligence

Related Concepts

Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.

Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.

Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.

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