In the Matter of Azeglio, Case No. 09-16476; U.S. Bankruptcy Court (DNJ); opinion by Wizmur, U.S.B.J.; decided January 27, 2010. DDS No. 42-6-xxxx [14 pp.]

Plaintiffs Daniel Grumbine and Graham Bottrell purchased a home in Swedesboro. The sellers had retained realtors H. Donald Stewart Jr. and Nicholas Azeglio Jr. to list their property. In connection with the sale, plaintiffs received a “Seller’s Disclosure Statement” in which the sellers denied knowledge of any underground fuel tanks on the property. Prior to the closing, the realtors had limited testing done that did not locate an underground storage tank. However, the sellers’ neighbor had advised the realtors that there was such a tank. They did not tell plaintiffs that there might be a tank on the property.