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So if someone gets up and leaves a swimming pool in the back yard, you think its ok for them to come 5 weeks after closing and claim ownership of it, oooh I forgot I had a pool in the back yard.
this is a sale and transfer of assets and you very clearly have till x day to retreive your assets (day of closing or negotiated day) or its abandoned..
it's not like they called to ask to come get the car key they had hidden under the fourth rock, in the left hand flower bed, in the back yard, that in the mess of moving they failed to retrieve.
How is this different? It's not like a couch that they had to walk around to get out the door.
I was curious how many weeks Willy feels someone could come back & ask for restitution ?
It doesn't matter how many weeks I think, it's a question of what the law is. At least to people who care about what the law is, and not just what they think it should be.
It doesn't matter how many weeks I think, it's a question of what the law is. At least to people who care about what the law is, and not just what they think it should be.
As stated, I'm perfectly willing to represent myself in court as Buyer should the Seller decide to pursue legal action... I've never lost in court... but, hey... anything can a happen...
I would also file a cross complaint seeking a price reduction from the purchase price should an award be granted... and request the Seller, at Seller's expense retrieve said oil at a time and date convenient and only for the number of gallons the Seller has proved in court... I don't take kindly to trespassing and would request a secondary order for civil Standby from the Court
I'm certain the likelihood of this happening in California is extremely remote... The California Department of Realtor's standard Purchase Agreement and Deposit Receipt contains language addressing the disposition of all person property at the time of possession... obviously, this isn't the case here...
Last edited by Ultrarunner; 06-13-2008 at 12:33 AM..
Again, abaondonment requires intent. And the law discourages the finding that something has been abandoned, so typically the intent has to be pretty clear.
I disagree... and again this is only from my experience in California...
I'm reluctant to use the car example... but since it has already been introduced... I will proceed.
I've acquired title for vehicles left on property I own.
In one case, the registered owner had no intention to abandon his vehicle... I called the police abandoned vehicle detail and learned the vehicle was not reported stolen so the police would not remove it since it was on private property.
I went to the DMV and filed a notice Abandoned Vehicle Claim and 2 months later received title...
Turns out the Registered Owner was in Jail for probation violations in another State and had no intention to Abandon this vehicle... instead it was Abandoned by circumstance if you will...
No Court Action was required... only proof of proper notice sent to the Registered Owners Last Known Address and a Stolen Vehicle Clearance.
Ok, to clarify how Pennsylvania contracts deal with this.....from the standard agreement of sale forms....
Section 4 - Fixtures and Personal Property (full list not included in this post))
(a) .....INCLUDED in this sale are all items permanently installed in the property, free of liens, including..........any remaining heating andcooking fuels remaining on the property at the time of settlement ...unless otherwise stated.
(b) LEASED items (not owned by seller)__________________
(c) EXCLUDED fixtures and items_________________
According to a PA contract, the oil is clearly included at the time of settlement. However, if it was to be excluded, this would have been dealt with in section 4c in whatever terms were agreed upon. For me, that's the final word. Your state's regs may be different but I bet it's dealt with somewhere.
Ok, to clarify how Pennsylvania contracts deal with this.....from the standard agreement of sale forms....
Section 4 - Fixtures and Personal Property (full list not included in this post))
(a) .....INCLUDED in this sale are all items permanently installed in the property, free of liens, including..........any remaining heating andcooking fuels remaining on the property at the time of settlement ...unless otherwise stated.
(b) LEASED items (not owned by seller)__________________
(c) EXCLUDED fixtures and items_________________
According to a PA contract, the oil is clearly included at the time of settlement. However, if it was to be excluded, this would have been dealt with in section 4c in whatever terms were agreed upon. For me, that's the final word. Your state's regs may be different but I bet it's dealt with somewhere.
The OP has stated that the contract does not mention heating oil.
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