A homeowner’s property became contaminated from a leaking oil tank from another house above her property. It cost $123,000 to remediate the property.
She sued the present and past owners of the offending property and as part of their defence, a couple that had owned the property in the past stated they were exempt from liability because they were “innocent Buyers” as defined in the Environmental Act.
This defence failed because to be exempt under the Environmental Act, you must show you did your due diligence (investigations) when you bought. The defendant had waived the right to the Property Disclosure Statement and ignored the recommendation of the home inspector and Realtor to investigate further as well.
We have 5 star certification for these type of impactful issues available only to Homelife Realtors. Let my training protect you.
As part of my business, I review the latest legal issues and this one is interesting:
The Act allows you to claim innocence if the site was contaminated prior to the purchase and if the Buyer made reasonable investigations. The people may not have been found liable but these Buyers did nothing to investigate and had to pay 35%. If there is any concern about oil tanks when you buy, there are steps you can take to protect yourself. Call me for further information.
300 - 3303 Immel St. Abbotsford BC V2X 5Y1
1 - 32540 Logan Ave Mission BC V2V 6G3
O 604 859 3141 or 604 826 2699 F 604 859 5226 or 604 826 2621
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