Remove, Fill Or Disclose Old Heating-Oil Tanks

Q: We're going to sell our house, which used to have oil and now has electric heat. Our real estate agent says we must have our buried oil tank removed prior to selling. I have no idea what's in the tank or what we actually must do. Any suggestions?

A: The answers are found in Section 7902.1.7.2 of the 1994 Washington Uniform Fire Code. It states that an underground tank that hasn't been in use for a year must either be removed or abandoned in place. In either case, the fuel must be removed from the tank and connected piping.

Many heating-oil companies will do this. It's usually up to the owner to decide if the tank goes or stays. If the tank has been leaking, then almost always the choice is to remove it, along with all contaminated soil. (Measurements of the contents, over time, will reveal if it's leaking.)

If the decision instead is to abandon the tank in place, then the fire code states that it must be filled completely with an inert material. A common choice is concrete slurry. Companies that remove or fill tanks are listed under "Tanks-Removal" in the Yellow Pages.

As for a home sale involving an unused tank that hasn't been decommissioned, it's up to the buyer and seller to decide how this will be handled. The fire code doesn't address these situations. If you decide to sell your home with the tank in place, you'll be spared later liability if you disclose the tank's existence as well as tell accurately what you know of its condition.

If you have further questions about your tank, call your local fire marshal.

Q: Six weeks ago, I signed an agreement to sell my house with an agent who seemed really neat. She asked for a six-month listing, and I agreed.

Now I'm really disenchanted. It's almost impossible to get her to return phone calls, and she always sounds harried and irritated. What's worse, neither she nor anybody in her office is bringing anyone to see my house.

Is there any way to drop her now?

A: Yes, you can ask her to release you from the listing, and she may do that, says Sandy Chisholm, with Windermere Real Estate in Lake Forest Park. However, Chisholm advises you first schedule a meeting with the agent to air your concerns.

If her answers seem satisfactory, then perhaps you need to ask yourself some questions:

-- Did you take the agent's advice on how to price your home? If not, it may be overpriced.

-- If the agent gave you tips on how to make your home more marketable, did you follow them?

-- And finally, is it possible you're calling her too often? If both of you are honest with each other, a meeting might smooth the situation and you'll be back on track.

Q: I had a home built four years ago, and now the basement is leaking. I've talked to the contractor, and he says he'll come over, but he doesn't. I don't know what to do.

A: This raises an interesting question: How long can your contractor be on the hook for a possible construction defect?

The answer: You potentially have a case against your contractor if the problem develops any time within the first six years - and you have even more time after that to pursue a claim.

But this is only if you are the home's original owner and if you're reasonably certain the problem was caused by the builder and not by any subsequent modification, either by you or neighbors. It's not unheard of for leakage problems to begin when a homeowner disturbs a drain field, or a neighbor changes the grade of an adjacent lot. Even major paving can cause new water problems.

You'll have your best shot at getting your reluctant contractor to come over if you can put pressure on him through his bonding company. This assumes he is licensed and bonded; you can learn this by calling the Department of Labor and Industries at (800) 647-0982. Ask for the name and address of the firm that underwrites his bond, then write it and the contractor stating your problem.

A personal visit aside, whether the contractor will accept responsibility and fix the problem is a separate issue.

Home Forum answers readers' questions every Sunday in the Home/Real Estate section. Send questions to Home Forum, Seattle Times, P.O. Box 70, Seattle, WA 98111, or call 464-8510 to leave your questions on Home Forum's recorded line. The e-mail address is: erho-new@seatimes.com