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Old 04-20-2007, 10:38 AM
 
Location: Raleigh, North Carolina
607 posts, read 2,431,327 times
Reputation: 202

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As most of you know, I purchased and closed on our house in Raleigh. Out of the blue, I get a call saying that the owner of our house needs $714.88 to pay for the propane in the tank that is left. So I will pay her the money, and she will transfer it to my name and I get the propane at $1.99/per gal, and also I don't have to pay the $80 registration fee.

I thought the gas came with the price of the house. Is this normal?? I guess it would be like if I were to sell a house, I wouldn't pay someones gas payments for the next six months or so, correct. I just don't want to pay her and find out that normally the gas comes with the price of the house.

Please advise.

Liz
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Old 04-20-2007, 10:44 AM
 
9,848 posts, read 30,286,677 times
Reputation: 10516
It is normal for people to request payment for fuel left behind, But this should have been part of the contract and paid at closing! To come back after the fact seems very odd to me. If they failed to put it in the contract I don't see how they can legally come back and "force" you to pay them now. Their RE agent should have caught this. You aren't the one who made a mistake here, they did. What happens if you find a problem with the house you did not ask to have fixed before closing? Do you think the seller is going to come back and pay for it now? I doubt it!


I'm not saying don't pay them ... you should do what you feel is right, but I think they were poorly represented by their realtor if this was missed during the negotiations. I'm curious how other people handled similar situations. i'm sure one of the realtors here can give you the best advice. I am just amazed that they are coming back to you after closing.
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Old 04-20-2007, 10:46 AM
 
152 posts, read 622,810 times
Reputation: 72
When we bought our home the propane left in the tank came with the house! We just set up a new account with the company who delivers it.
If the home is closed then the tank and its contents are yours I would think. Likewise anything left in the home on closing unless otherwise stated in the contract is yours.
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Old 04-20-2007, 10:48 AM
 
Location: Wake Forest
2,834 posts, read 12,034,535 times
Reputation: 1061
Quote:
Originally Posted by Lizardlips View Post
As most of you know, I purchased and closed on our house in Raleigh. Out of the blue, I get a call saying that the owner of our house needs $714.88 to pay for the propane in the tank that is left. So I will pay her the money, and she will transfer it to my name and I get the propane at $1.99/per gal, and also I don't have to pay the $80 registration fee.

I thought the gas came with the price of the house. Is this normal?? I guess it would be like if I were to sell a house, I wouldn't pay someones gas payments for the next six months or so, correct. I just don't want to pay her and find out that normally the gas comes with the price of the house.

Please advise.

Liz
Item number 9 on the nc offer to purchase contract states:

"Buyer agrees to purchase from seller the fuel, if any, situated in any tank on the property at the prevailing rate...."

So, by signing the contract you agreed to pay for the gas in the tank. The seller paid to have it measured, and now you get to pay for it. The seller has already paid for the gas, now you are basically reimbursing them for it.

It is completely normal to have this type of payment.

Leigh
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Old 04-20-2007, 10:53 AM
 
9,848 posts, read 30,286,677 times
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Quote:
Originally Posted by leighbhe View Post
Item number 9 on the nc offer to purchase contract states:

"Buyer agrees to purchase from seller the fuel, if any, situated in any tank on the property at the prevailing rate...."

So, by signing the contract you agreed to pay for the gas in the tank. The seller paid to have it measured, and now you get to pay for it. The seller has already paid for the gas, now you are basically reimbursing them for it.

It is completely normal to have this type of payment.

Leigh
Once again Leigh crushes me with an informed answer!

But Serisouly Leigh, even though it is normal to have this kind of payment, shouldn;t the payment occur at closing? I don't find it odd that they are looking to be reimbursed. I just find it odd that they are coming back after closing for the money. I always thought you should never walk away from the closing table with unresolved issues. I am not arguing one way or the other, just looking for clarification since I have not encountered this before.

Once again....than you for your informed responses!
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Old 04-20-2007, 10:58 AM
 
Location: Wake Forest
2,834 posts, read 12,034,535 times
Reputation: 1061
Quote:
Originally Posted by North_Raleigh_Guy View Post
Once again Leigh crushes me with an informed answer!

But Serisouly Leigh, even though it is normal to have this kind of payment, shouldn;t the payment occur at closing? I don't find it odd that they are looking to be reimbursed. I just find it odd that they are coming back after closing for the money. I always thought you should never walk away from the closing table with unresolved issues. I am not arguing one way or the other, just looking for clarification since I have not encountered this before.

Once again....than you for your informed responses!

Normally it is done during the closing procedures, but it tends to be an 'outside of closing' expense. does that make sense? Me, for example, our builders had filled the tank and at closing we wrote them a check for 500 bucks for propane in the tank. So, it did happen during the closing, but it was not on the HUD-1 statement. I would have thought that it would have been taken care of during the closing............not necessarily on the HUD, but taken care of during closing. Because once you close you close.

Leigh
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Old 04-20-2007, 11:10 AM
 
9,848 posts, read 30,286,677 times
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Quote:
Originally Posted by leighbhe View Post
Normally it is done during the closing procedures, but it tends to be an 'outside of closing' expense. does that make sense? Me, for example, our builders had filled the tank and at closing we wrote them a check for 500 bucks for propane in the tank. So, it did happen during the closing, but it was not on the HUD-1 statement. I would have thought that it would have been taken care of during the closing............not necessarily on the HUD, but taken care of during closing. Because once you close you close.

Leigh
Ok, that makes sense to me. Thanks for the clarification. I still feel bad for Lizardlips. It seems like somebody should have pointed out this expense to her so it wasn't so unexpected. My realtor and closing attorney were great during the transaction and made sure I understood everything I was paying for and why I was paying for it. I was very meticulous looking over the Hud-1 making sure additional things weren't added to it at the last minute. I would have been very upset to learn about a cost not included on the HUD form that I was obligated to pay. I know I would be upset if after I closed on my house I found out that I still I another $700. I was a first time buyer and $700added to everything else I had to pay would have been very important to me.
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Old 04-20-2007, 11:27 AM
 
567 posts, read 2,141,577 times
Reputation: 142
This was AFTER you closed?! I would have told her where to jump!

Sellers shouldn't be contacting buyers anyway - it should always be through your agent. At least that's my opinion. She really pulled one over on you. How awful!!

I think it would be worth the $25 to put a stop payment on your check if you've sent it already!
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Old 04-20-2007, 11:33 AM
 
Location: SoCA to NC
2,187 posts, read 8,008,315 times
Reputation: 2459
I know nothing about propane when buying and purchasing a home but it just seems like this should have been worked out in the final paperwork. placed in the escrow account or something. To me it would be like selling someone a used car and asking them to pay for the gas that is in the tank!
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Old 04-20-2007, 12:22 PM
 
Location: Raleigh, North Carolina
607 posts, read 2,431,327 times
Reputation: 202
Thanks everyone.
I have already paid her, and honestly it was the realtor that asked for it. I think the seller was a wonderful woman thru the entire process. She never balked at fixing things that needed to be fixed, she left the house really clean, well that is what I heard. I will be using the gas, so I will pay for it. It just was unexpected, and since we haven't sold the house in CA, money is quite tight right now... I thank you for all your feedback though.

Please everyone think positive thoughts about the selling of our house!!
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