Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
When you sell a car, it's assumed the oil in the system and the gas in the tank go with it. You don't come back weeks later and say "Oh by the way, I want to be paid for the gas that was in the tank".
IT, good post. This is probably the best example for this situation.
In a previous thread on gas prices & showing homes I jokingly said I gassed up my Tahoe and doubled it's value. When I go to sell , it won't have a full tank of gas and if it does ... I just lost $80.
IT, good post. This is probably the best example for this situation.
The first shortfall of this example is that generally there is no purchase contract when you buy a car.
The second is that you all are talking about whether it would be practical to come back for the gas you left in the tank, not whether you would have a legal right to do so. Unless you want to point to some authority to support your opinions.
I'm curious, would you have the same opinion about golf clubs or a cell phone accidentally left in the trunk? Is your argument that the car buyer is legally entitled to keep these things, or is it more along the lines of "just try to come take it and see what happens!?"
Are you all saying that you should take advantage of every opportunity to screw someone who makes an honest mistake? Even if the law is on their side? At least that I can understand, but to argue without any authority that something was "conveyed" is simply your opinion and really doesn't have much to do with what the answer actually is.
The first shortfall of this example is that generally there is no purchase contract when you buy a car.
The second is that you all are talking about whether it would be practical to come back for the gas you left in the tank, not whether you would have a legal right to do so. Unless you want to point to some authority to support your opinions.
I'm curious, would you have the same opinion about golf clubs or a cell phone accidentally left in the trunk? Is your argument that the car buyer is legally entitled to keep these things, or is it more along the lines of "just try to come take it and see what happens!?"
Are you all saying that you should take advantage of every opportunity to screw someone who makes an honest mistake? Even if the law is on their side? At least that I can understand, but to argue without any authority that something was "conveyed" is simply your opinion and really doesn't have much to do with what the answer actually is.
Bad example, one does not need golf clubs or a cell phone to run a car. One does however need to heat their home. They had ample time to add the cost of fuel in their closing cost but failed to do so. Why do you feel the need to fight about this? Actually I believe the law states the buyer needs to be made aware of everything as it is itemized in the closing costs, prior to closing. An email wouldn't be an addendum. Case closed. Would it be nice if the buyer offered to pay for the fuel? Yes. Would it have been nice if the seller disclosed the lousy tub repair which he covered with a bath mat? Sure. We don't live in a perfect world.
Bad example, one does not need golf clubs or a cell phone to run a car.
I don't know where this necessity question comes from. Can you provide any authority that it has any bearing on the issue?
Quote:
Originally Posted by zonababe
They had ample time to add the cost of fuel in their closing cost but failed to do so. Why do you feel the need to fight about this?
The buyer had ample time to add heating oil to the description of property to be conveyed. So you're making my point for me. You don't get something for nothing. Either you negotiated to buy the oil or you didn't.
I only feel the need to explain that the answer comes from the law, not from what people think the law should be.
Quote:
Originally Posted by zonababe
Actually I believe the law states the buyer needs to be made aware of everything as it is itemized in the closing costs, prior to closing.
Source?
That isn't the law in TX. If there are costs that are, per the contract, intended to be prorated at closing, the "standard" TX contract says that obligation to prorate survives closing. So if it doesn't appear on the settlement statement, that doesn't change your obligation. You would have the same issue as far as trying to force the buyer / seller to pony up any money, but as far as legal obligations, it would be clear that the proration is required to occur, even if it's post-closing.
Quote:
Originally Posted by zonababe
Would it have been nice if the seller disclosed the lousy tub repair which he covered with a bath mat?
The law would provide the buyer a remedy for this. So again, you are making my point for me. There is a law, not an opinion, that controls this issue.
if it were in the contract i would say pay for it however as the op has said that it is not listed in the contract so i would say no don't pay for it. it was the listing agents responsibility to make sure that everything was covered and the agent dropped the ball so it is their responsibilty to pay. and after 5 weeks they may have just learned that they could have asked for the credit and then the oil in the tank should have been measured to see how many gallons are left at the time of closing. since none of that was done all you could do is make a guess and hope that it is close. i would just apologize to the realtor and tell them that you will not be paying for it since you do not have any proof to how much oil was left and that you are not willing to pay for something that some one has said they had. It is really a joke at what people will do just to get a few extra bucks out of someone. all the seller can do is chalk it up to a learning experience. I wish the OP Luck.
My house is filled with natural gas in the gas lines that are past the meter & I've paid for. Nowhere does the contracts address whether this is personal property or part of the home so we all assume it stays with the home.
We've never recovered the cost of natural gas left with the house.
Has anyone ever negotiated Propane as part of a contract or exclusion?
My house is filled with natural gas in the gas lines that are past the meter & I've paid for. Nowhere does the contracts address whether this is personal property or part of the home so we all assume it stays with the home.
We've never recovered the cost of natural gas left with the house.
Has anyone ever negotiated Propane as part of a contract or exclusion?
The amount of natural gas that is within your gas lines doesn't come close to approaching $700, probably not even 1/100th of that, so no one would ever argue about it.
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...
As Ultrarunner points out in the language in his contract, personal property can be conveyed by abandonment because the contract requires any personal property to be removed on or before close of escrow. Many contracts I have been exposed to do not state close of escrow, but simply closing date.
anything left behind accidentally is considered abandoned or conveyed by the contract and if you wish to reclaim it, then you are at the mercy of the buyer's good will. Items such as taxes, HOA fees, memberships associated with the property, utilities, etc are normally prorated based on time or usage and are explicitly included in the contract. The value of any of those items not included become the purchased as is. That is to say if a community pool membership is paid annually and not prorated as part of the contract, the entire year's membership conveys with the property, paid or not. If paid, the buyer gets the benefit, if not paid then the buyer suffers the expense of the unused portion of the fee due.
I do not see heating oil, propane, firewood, or any other fuel item being any different unless specifically addressed in the contract.
That's just it, it was not abandoned. Abandonment requires the intent to abandon it.
And what exactly do you call it when they hand you the keys to your new home, and they left property in the home? Its ABANDONED. If it wasnt, they shouldnt hand you the keys or sign over the deed to their home. PERIOD. I can tell that you have probably never ever ever bought a home, and want to sit here and pretend lawyer.
When they give up possession of the property by turning over keyes, there is an assumption of abandonment. If that assumption is not able to be assumed by a buyer, then who would want to buy property with a seller having "unlimited" length of time to come back and obtain possession of items they purpously left behind.
I recently acquired 3 dehumidifiers in a home I purchased. The sellers have voiced to me that they wanted to take them with them. Despite the fact that they didnt, and they closed, and handed me over the keys to the property, there isnt a chance in the world I'm going to allow them to TRESPASS on my property to gather items that they abandoned.. PERIOD. Not going to happen.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
