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chiefqueen
06-12-2013, 07:46 PM
A relative of mine is planning to walk away from their home because the home has MAJOR environmental problems (total cleanup could approach $100K before the house could come close to passing an inspection) and my relative simply does not have the $$$ to pay for that and the mortgage as well.

I know the EPA is not a agency to play around with. What I want to know is should my relative walking away knowing the property has those environmental problems could the EPA assess fines and/or criminally prosecute the individual? Also, if this individual should die can any financial penalties assessed be passed to next of kin?

Dayze
06-12-2013, 07:47 PM
Is the environmental self inflicted?

Ceej
06-12-2013, 07:48 PM
I advise you to edit the thread title.

Bump
06-12-2013, 07:50 PM
does your "relative" have tenants with these known issues?

Bump
06-12-2013, 07:52 PM
I advise you to edit the thread title.

This place has been slipping since I've removed my grammar police badge.

JoeyChuckles
06-12-2013, 07:53 PM
Also, if this individual should die can any financial penalties assessed be passed to next of kin?

I'm guessing you probably mean well, but that is a very suspicious sentence.

CrazyPhuD
06-12-2013, 07:54 PM
Doesn't covering the entire property in antifreeze clean up most environmental issues? :shrug:

chiefqueen
06-12-2013, 07:54 PM
Is the environmental self inflicted?

1/2 of it is (mold) the other half is due to an underground oil tank being improperly installed before the house was bought by the relative but it was just discovered in the last 6 months.

My relative has been living in the house almost 26 years.

CrazyPhuD
06-12-2013, 07:55 PM
But if you really want answers to these questions a lawyer is likely your best bet and not an internet forum.

chiefqueen
06-12-2013, 08:00 PM
I'm guessing you probably mean well, but that is a very suspicious sentence.

The relative is under A LOT of stress but may be mistaking heart symptoms for digestive problems. I questioned my relative about that when I spoke to her about 90 minutes ago but she dismissed that notion.

ClevelandBronco
06-12-2013, 08:06 PM
1. Insure house.

2. Call my cousin Eddie.

3. Leave town.

4. Collect.

Iowanian
06-12-2013, 08:10 PM
Was the LUST(Leaking Underground Storage Tank) disclosed by the seller/broker when the relative purchased the property?

Those documents have a specific area that asks about the existence of such things. I'm not a lawyer but there could be recourse on that front. The Mold...well, with no insurance that is going to be the relative's issue.

chiefqueen
06-12-2013, 08:35 PM
Was the LUST(Leaking Underground Storage Tank) disclosed by the seller/broker when the relative purchased the property?

Those documents have a specific area that asks about the existence of such things. I'm not a lawyer but there could be recourse on that front. The Mold...well, with no insurance that is going to be the relative's issue.

No, the LUST was discovered this past winter when the relative was having repair work done. The repairman said it was leaking and was not properly installed and I think he said it had the wrong casing (outer shell) around it which was why it was leaking into the soil.

TribalElder
06-12-2013, 08:50 PM
Matches

Planetman
06-12-2013, 09:11 PM
http://www.mcmcapital.com/wp-content/uploads/2011/06/060111_1246_HeresAStory11.jpg

http://www.cyclelicio.us/wp-content/uploads/2010/06/oil-bubbling.jpg

http://morethings.com/fan/beverly_hillbillies/pilot/first_shot_beverly_hillbillies.jpg

luv
06-12-2013, 09:36 PM
Consult an attorney. They would give you better advice than a football Internet forum.

Sweet Daddy Hate
06-12-2013, 09:39 PM
Consult an attorney. They would give you better advice than a football Internet forum.
Nonsense. Jed Clampett trumps all.

Bugeater
06-12-2013, 09:40 PM
Consult an attorney. They would give you better advice than a football Internet forum.
Probably, but it would be a lot less funny.

Bwana
06-12-2013, 09:40 PM
Consult an attorney. They would give you better advice than a football Internet forum.

The hell you say! :hmmm:

Tylerthigpen!1!
06-12-2013, 09:44 PM
I know in commercial real estate your relative would be liable. I'm sure it is the same for residential. There might be a way to get out of it depending on if the original inspector is still around.

Dave Lane
06-12-2013, 09:47 PM
Without more details this is an exercise in mental masturbation.

Psyko Tek
06-12-2013, 10:31 PM
A relative of mine is planning to walk away from their home because the home has MAJOR environmental problems (total cleanup could approach $100K before the house could come close to passing an inspection) and my relative simply does not have the $$$ to pay for that and the mortgage as well.

I know the EPA is not a agency to play around with. What I want to know is should my relative walking away knowing the property has those environmental problems could the EPA assess fines and/or criminally prosecute the individual? Also, if this individual should die can any financial penalties assessed be passed to next of kin?

how long has the meth lab been there?

Psyko Tek
06-12-2013, 10:34 PM
Consult an attorney. They would give you better advice than a football Internet forum.

nope
PIIHB
is the best advice ever given


and could work in this situation

chiefqueen
06-12-2013, 11:18 PM
I know in commercial real estate your relative would be liable. I'm sure it is the same for residential. There might be a way to get out of it depending on if the original inspector is still around.

You mean from 1987??? He/she is probably retired or dead.

Hog's Gone Fishin
06-13-2013, 05:11 AM
I know that if I sell my Hog facility and 30 years down the road environmental issues are discovered I can still be held liable, I don't see why it would be any different in this case. Although it may have to be proven the LUST was actually leaking prior to the current posession by your relative.

I'll look through my library of law books I kept after graduating Harvard and get back to you.

BlackHelicopters
06-13-2013, 05:59 AM
Ask Bob Dole.

kepp
06-13-2013, 06:26 AM
I know that if I sell my Hog facility and 30 years down the road environmental issues are discovered I can still be held liable, I don't see why it would be any different in this case. Although it may have to be proven the LUST was actually leaking prior to the current posession by your relative.

I'll look through my library of law books I kept after graduating Harvard and get back to you.

On a side note, I bet some well place boar semen would seal that tank right up.

Predarat
06-13-2013, 07:17 AM
If they die, they die.