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Q: Real Estate Property Purchase Help ( No Answer,   3 Comments )
Question  
Subject: Real Estate Property Purchase Help
Category: Business and Money
Asked by: chungwng-ga
List Price: $25.00
Posted: 02 Jan 2006 19:39 PST
Expires: 01 Feb 2006 10:43 PST
Question ID: 428276
Scenario:
There's a property I'm about to purchase and it is next to a Mobil Gas Station.

We've Conducted a Phase 1 Report and realized there was some leakage
in the past but it was cleaned up.

So the bank i'm about to borrow from want's me to conduct a Phase 2 to be certain.

My questions:
1) Where can i find out on mobil's site on how they deal with this?
2) Can mobil pay for the cost of these test due to their negligence?
3) Does their insurance cover it? i.e. Environmental Liability or Indemnity?
4)Where can i find out more about this or similar situations?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Real Estate Property Purchase Help
From: ted131-ga on 04 Jan 2006 11:07 PST
 
I wouldn't expect any money from Mobil. They only made 10 Billion in
profit in the last 3 months, and are in need of government handouts.
Subject: Re: Real Estate Property Purchase Help
From: jojo1775-ga on 04 Jan 2006 14:54 PST
 
1. Since this is next to a gas station think of it as a small business
as well as an extension of the Mobil Exxon mega-corp. try talking to
the owner of the franchise.

2. I'll bet they won't, because there is nothing to be gained by
paying for it and if it comes out showing they are at fault there is
everything to loose. As a result forcing them legally to pay for it
will probably be the way. Contact a lawyer, the one you are using for
the purchase will probably be able to help you.

3. The individual gas station owner may or may not have this kind of
coverage depending on among other things the regulations in your
community. Mobil oil may also not have this kind of coverage since
this is a small claim for them. They are probably insured for big
spills (think Valdez)

4 In the US, the superfund act created local emergency planning
committees and mandated them as part of local government. the
committee in your town/city/village may be a good source of background
information about the site as they would know about past spills as
would the health department.

as to getting $$$ out of Mobil, please see the comment or Ted131-ga.
My honest advice would be to consider finding another property. Once
you buy this one the contamination will be your problem. Until you buy
it, you have no standing to force Mobil to cover costs of clean-up, if
you can't make them cover the costs, the costs will become your
problem. And the costs of cleaning up those properties down
hill/stream of your property may become your problem as well.

In short, there is a chance that Mobil can't be forced into covering
the clean up costs and that you will be stuck with a property that has
decreased in value and is difficult to sell. In short not the best
investment.

I hope this helps and good luck.
Subject: Re: Real Estate Property Purchase Help
From: clippedwings-ga on 04 Jan 2006 15:15 PST
 
Question for you--did you have a mortgage contingency clause in your
agreement of sale? If so, you may be able to get the Seller of the
property to pay for the Phase II Environmental Report AND sign some
sort of indemnification that will survive settlement, to protect you
from any future claims.  Consult your Real Estate Attorney. (one that
specializes in Real Estate transactions in your area) I agree with the
other opinions that Mobil will not be helpful to you.

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