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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118658
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I bought a country store in 2011 with gasoline tanks and pumps.

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I bought a country store in 2011 with gasoline tanks and pumps. The previous owner failed to get a NC Dept of Natural Resources inspection that was due in 2010. The DENR inspector showed up after the sale was completed and made me have the tanks physically inspected, then tested by another company which costed me $8900. I contend because he failed to comply with governmental regulations he is responsible for the cost.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The general premise in these cases is that if the contract specified it was as is, then it is up to the buyer to beware and conduct due diligence in inspecting the property prior to sale. However, where the contract for sale specifies that they claim that inspections and permits and licenses are valid, this is something the seller is warranting to you and if the inspection was not valid then he has breached that warranty and that contract with you, even though the sale might be an as is sale.

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