Any luck with Amerigas underground tank removal?

[gitmo234]

I bought my house in 2011, and it had a 1000 gallon propane tank underground. Had it filled up that winter by Heritage propane and never used it again (once the tank was dry) because the cost of propane was outrageous and I was using a 1000 gallon tank in five weeks.

Never paid tank rent, never did anything. Fast forward to today, Amerigas has bought out Heritage and I start getting a bill in the mail for tank rent ($200 a year, roughly).

I call about it, and all they have on file is the initial credit application with terms and conditions saying that I agree to pay fees, etc, but its with Heritage. Amerigas wants $1300 to remove the tank and a waiver of all rights to anything, like tearing up a power line, cable, etc.

Has anyone had any luck negotiating anything with them, or know anything in PA that would allow me out of this?

 

[pdf27]

For clarity, do they have anything to demonstrate that they own the tank? So far as I can tell from your post the first contact you have with them is in 2011 when you signed up for them to fill the tank (and your post reads like this is the only paperwork they have from you) - since the tank was already installed at this point, they would appear to have no grounds to charge you tank rental.

 

[billb3]

Offer to buy the tank for a buck ?

 

[greg13]

Since they are not using it to store your Propane, charge them for storing THEIR tank.

 

[stee6043]

If you signed something with Heritage agreeing to pay their maintenance fees on the tank you're likely also obligated to Amerigas for the same. Most agreements like this would have an assignment clause whereby Amerigas get's all the rights to all the agreements previously executed by Heritage.

Imagine what mergers and acquisitions would be like if the new entity couldn't enforce existing agreements? You'd never see it...

You may want to request a copy of whatever it is you signed (if you don't still have your own copy).

 

[jeanw]

If you signed something with Heritage agreeing to pay their maintenance fees on the tank you're likely also obligated to Amerigas for the same. Most agreements like this would have an assignment clause whereby Amerigas get's all the rights to all the agreements previously executed by Heritage.

Imagine what mergers and acquisitions would be like if the new entity couldn't enforce existing agreements? You'd never see it...

You may want to request a copy of whatever it is you signed (if you don't still have your own copy).

Yes I agree in our case

we had to pay the old propane company to remove above ground tank. the DA es should have just sold it to us. I had to go there and ask when they wer coming..... It was a dangerous situation that full tank blocking our side yard. The whole place is on a hill.
but we ended up with like $600 or so bck cause the tank had a lot in it... otherwise they wanted $ 95 a yr's rental...
Good thing Hubby was there cause they would have torn something up trying to get their tank out. cause we had the new company bring one in which we bbought outright.
Now also in this old house here ....the guy(original owner decease) bought it years ago. found out from neigbor. Luckly the new company had it on file on in the deceased widows name...
Just a saying yall we just got to make some sqeaky noise,,,,,

 

[Dustin92]

I read on another forum (or maybe here?) about someone with an above ground propane tank that they wanted removed, and sent the company a letter stating they had "x" amount of time to have it removed or they would be getting a monthly bill for storage of the tank. Ended up charging the propane company several humdred dollars of "storage" fees and eventually went to court and got it, along with the tank removed. I'd personally give them 30 days to have it removed, then charge a monthly fee to store it if they don't remove it. After 6 months or so I'd send them another letter stating they have 30 days to have it removed or you will drill holes in it (provided it's empty!) and have it removed yourself. You shouldn't have to pay a monthly fee for a tank you don't want and don't use. We always had above ground tanks but never had to pay a fee to use them, and when we moved and told the company we wouldn't be needing their services anymore they came the next day to haul the tank away.

 

[Kwehme09]

I had a miserable experience getting an above ground tank removed by Amerigas. It was a 500 gal. tank that was in place when I bought the house.

I was ready to build a woodshed, which was going to block easy access to the tank and make removal extremely difficult. I kept calling the local office to have it removed, and excuses on top of excuses.

First they wanted $250 to remove it. I told them its there tank, come get it. Then there tank roller/moved was broken. Then it was in another state. This went on for well over 6 months. Finally I started posting about it on Amerigas' National Facebook page. I friend of mine commented on it saying we should cut it in half and make a giant BBQ. Two days later the tank was gone.

If you feel you are liable for some of the cost of removal, but think $1300 is too much, find someone with an excavator and get an estimate. That would help with negotiations. Your local gas guy or excavator may also have advice on these dealings with Amerigas, they've likely run into this before.

 

[sportbikerider78]

Look through the documents you signed when you bought your house and if you signed anything saying you owe a monthly fee. If you (not the previous owner) never signed anything, they are out of luck and the tank is yours.

Any monthly fee should be discussed in closing. If it was not, tell them to call the previous owners closing lawyer.

 

[stee6043]

There are few things more entertaining than watching the internet provide legal advice. From "charge them rent" to "cut it in half" this thread has not fallen short on the entertainment scale.

Since nobody else has invested the required 36 seconds to find Amerigas terms and conditions, I'll go ahead and share.

http://www.amerigas.com/residential/pay_billing_terms.aspx

By taking that first (and only) delivery of propane the OP obligated himself to the following:

He agreed to pay tank rent and the rate is basically "whatever the dealer tells him it is".
He agreed to grant the company irrevocable access to his property to access the tank.
He agreed that they own the tank outright, not him.
He agreed to provide 30 days advance written notice prior to terminating his agreement with them.
He agreed that he will pay tank rent until he terminates.

Had he not used the tank the prior owner would be liable for not notifying Heritage of his selling the residence as well as not notifying him that they own the tank for which he (the original owner) was obligated to pay rent. But the OP used it, the OP enjoyed it and the OP entered into a binding agreement.

All in all I assume the OP did not find the answer he was looking for since he hasn't been back. Still...this has been an entertaining thread.

 

[stee6043]

And just to be thorough, the Heritage terms and conditions are SHOCKINGLY similar to the Amerigas terms and conditions.

www.heritagepropane.com/.../TermsAndConditions.pdf

 

[Kwehme09]

There are few things more entertaining than watching the internet provide legal advice. From "charge them rent" to "cut it in half" this thread has not fallen short on the entertainment scale.
.

@stee6043 Your info is great, and surly really helpful. While I am glad you are so entertained, you're on a bit of a high horse.

Quoting a friend of mines Facebook post saying "Cut it in half," as a part of my story, was far from giving legal advice.

If you read my post again, you will notice that it is an example of Amerigas blatantly going against it policies.

1. I never had them put propane in the tank after I bought my house. So I was in no legal agreement with them.
2. They wanted to charge me to remove an empty, above-ground tank, even though I had no obligation to them.
3. I gave them well over 30-days notice when it came to telling them I didn't want my tank. They took 6 months, and only removed the tank after I publicly complained on social networking.

With that, my advice telling the OP to find a local excavator and get an estimate on the tanks removal, seems pretty spot on when you read section 14 of the page you linked to:

"You are responsible for all costs of the excavation and removal of the Leased Equipment and the Company is not responsible for furnishing fill, resurfacing, landscaping or restoring your property to its previous condition upon removal. You will be billed on an hourly basis for this work with local labor rates prevailing, unless other arrangements are provided."

Amerigas is only as good as its local offices, and in my experience, some of those local offices have been pretty awful. Brushing up on their legal terms is sound advice before signing up with them, or forking money over to them. I think we can agree on that much.

 

[sportbikerider78]

Oh,,,this just in. Terms and conditions are not always binding.

 

[gitmo234]

Never got any notifications (thought I had subscribed to the thread), so I never came back.

They sent me a contract for tank removal, requiring an $1800 deposit, and a waiver of all liability for everything. My wife interprets it to mean $1800 + tons of additional charges, I read it as "$1800 to cover all expenses and we'll bill you (or refund) the difference".

I tried to find someone local to dig it up but turns out its about the same price as removal

 

[greg13]

Never got any notifications (thought I had subscribed to the thread), so I never came back.

They sent me a contract for tank removal, requiring an $1800 deposit, and a waiver of all liability for everything. My wife interprets it to mean $1800 + tons of additional charges, I read it as "$1800 to cover all expenses and we'll bill you (or refund) the difference".

I tried to find someone local to dig it up but turns out its about the same price as removal

Try getting your local media (TV or newspaper) involved, they usually get results.

 

[billb3]

I'd call your state's Consumer Protection Office or equivalent.
1. find out if an unsigned agreement is enforceable
2. find out if item 14 is even valid in your state
3. find out what conditions exist for entering an agreement in your state