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Has anyone ever negotiated Propane as part of a contract or exclusion?
Yes, I have. It specifically says buyer will reimburse seller X amount towards propane. I don't know the exact wording. The propane company comes out and looks at the level of the tank the day before the closing and calculates how much that propane would be worth on that day and gives a dollar figure.
I just pulled the Purchase Agreement of a home I bought and here is the language...
7. CONDITIONS AFFECTING PROPERTY:A. Unless otherwise agreed: (i) the Property is sold (a) in its PRESENT physical condition as of the date of Acceptance and (b) subject toBuyer’s Investigation rights; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the samecondition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow.
I read the entire 7 page Agreement and no where is Heating Oil mentioned...
So if Heating Oil "IS" personal property as opposed to Real Property... it is covered in the above paragraph 7 and deemed included with the sale by virture of not being removed and/or specific exclusion to the contrary...
Again, this is why agents are not allowed to practice law. The quoted language is an obligation to remove. It is not a conveyance. Maybe you accidentally forgot to type the part where paragraph 7 says "otherwise it is deemed conveyed to the buyer."
The tank is not attached to the land. It can be removed. The oil is a commodity "in" the tank..not attached to it. If it says nothing about oil in the contract, then the seller could have just taken all the oil out..or used it up or whatever....I bet a buyer would have a lot to say if their tank was empty when they moved in and they had no heating source.
What does Ultrarunner's contract have to do with the price of tea in China? Did the OP's contract refer to Utrarunner's contract to clarify any ambiguous terms? I must have missed that.
Quote:
Originally Posted by johnrex62
The value of any of those items not included become the purchased as is. ... If paid, the buyer gets the benefit, if not paid then the buyer suffers the expense of the unused portion of the fee due.
Do you know what it means when a contract says all representations, warranties and covenants survive closing?
I bet a buyer would have a lot to say if their tank was empty when they moved in and they had no heating source.
And what exactly would it be that the buyer would say?
These claims are just pulled out of thin air. You say "X, Y, Z" is the law, but your claim is not based on any legal authority.
Or did I miss the part, Tamitrail, where you looked up the definition of what a fixture is and made a reasoned argument that oil, in fact, meets the definition?
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