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Old 06-11-2008, 02:39 PM
 
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I meant that oil is a necessity if the house is heated by oil. I was referring to the OP. I used my house with propane as an example. The heating source is not the issue. What I was trying to say is whatever source is used, it is a necessity.

I do agree it is unreasonable to ask to pay for the oil AFTER the closing.
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Old 06-11-2008, 09:24 PM
 
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Quote:
Originally Posted by tamitrail View Post
Since it wasn't addressed, the oil conveys..however if it had been addressed before during the contract negotiations, the buyer would have to give the seller a credit for what is left in the tank. It's not the same thing as water in a pool.
My neighbors on one of my homes just paid $1200 to fill their swimming pool. Given that the oil in question was $700, I'd say the water is very similar.
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Old 06-12-2008, 07:19 AM
 
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Originally Posted by pghquest View Post
My neighbors on one of my homes just paid $1200 to fill their swimming pool. Given that the oil in question was $700, I'd say the water is very similar.

Again, I disagree because you can live in the house and not have water in the swimming pool. You cannot live in a house without a heating source.
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Old 06-12-2008, 09:29 AM
 
Location: Great State of Texas
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It should have been in the contract and added to the closing statement as $$ from buyer to seller to cover it.

Since they "forgot" about it you have no obligation to pay them.
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Old 06-12-2008, 02:01 PM
 
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Some of the responses are very entertaining.

There are two relevant questions here:

1. What should you do, from an ethical standpoint.
2. What are you obligated to do, from a legal standpoint.

As for #1, listen to your heart and conscience and you will know the answer. However, IMO the repairs should not be a factor unless the condition was latent (or not easily detectible) and the seller knew about it. Generally (and legally) speaking, in all sales contracts I have ever seen, the condition of the property is "as-is." Unless the seller is hiding something, you are responsible for all repairs after closing. Particularly for the trim. It sounds like it was your miscalculation as to what it would cost to fix the trim.

As for #2, there is a definitive answer for your state. You just need to ask the right person. There are two parts to this question. First, is the oil considered a fixture or part of the real estate? I imagine that it is not, and therefore if it is not specified in the contract, it does not convey to you. The second part is what is the law concerning "found" property. If you found a diamond ring, for example, in the floor of the closet that was inscribed with the seller's name (the effect being that you knew it belonged to the seller), what would be your obligation to the rightful owner. This is a question that has an answer, and is not subject to opinions. You just need to seek out those who know the answer.

Good luck.
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Old 06-12-2008, 05:19 PM
 
28,107 posts, read 63,427,107 times
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Originally Posted by tamitrail View Post
Again, I disagree because you can live in the house and not have water in the swimming pool. You cannot live in a house without a heating source.
Again... I disagree.

I live in Oakland CA and the 1920's home of my Grandparents and her neighbors didn't even have heat until after WWII when many installed $39 Montgomery Wards Gas Floor Furnaces...

The only time I have the heat on is during the Holidays when I have the family over... My Elderly neighbor sold her home last year and she "Had" to have a heater installed... seems lenders in 2007 wouldn't make a loan on a home without a heater... even if one isn't needed.
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Old 06-12-2008, 05:26 PM
 
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Quote:
Originally Posted by tamitrail View Post
Again, I disagree because you can live in the house and not have water in the swimming pool. You cannot live in a house without a heating source.
Whats that have to do with it? No one removed the heating source, the furnaces still exist.. We're talking about the energy used to make the heating source function. To compare this to a pool, we arent talking about a pool, we're comparing this to something (water) that makes the pool function. The two are very much alike.

Not a chance I'd reimburse a seller for either one unless the contract states it. I actually have seen water in a pool taken into consideration in a sales contract because like I stated, it just cost my neighbor $1200 to fill up her pool.
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Old 06-12-2008, 05:33 PM
 
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First, I'm not saying the seller should be reimbursed. It was not in the contract, their loss. I have always been reimbursed or have done the reimbursing for propane because it's been put into the contract.

Second, I know it's different every place so I'll go back to my own example. My propane just doesn't serve as heat for my house when it's cold. I need my propane for my hot water heater and gas cooktop...both of which I use every day.

So, I guess the bottom line is it's just different in different parts of the country.
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Old 06-12-2008, 05:37 PM
 
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Quote:
Originally Posted by pghquest View Post
Not a chance I'd reimburse a seller for either one unless the contract states it.
Every single thing is not addressed in the contract. There are some things that simply are covered by the law. If the seller left their car under the carport for a few hours after closing, do you think you'd have the right to smash it up with a sledghammer 10 minutes after closing and have no liability? Well, the contract doesn't say you can't do that, and by the logic I've seen posted, the car should belong to the buyer at that point, so hey, what the heck...

What makes the buyer think that they own the heating oil? The contract doesn't say so. If your neighbor parks their car in your driveway, does that mean you now own it?
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Old 06-12-2008, 05:45 PM
 
69,368 posts, read 63,873,387 times
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Originally Posted by Austin-Willy View Post
Every single thing is not addressed in the contract. There are some things that simply are covered by the law. If the seller left their car under the carport for a few hours after closing, do you think you'd have the right to smash it up with a sledghammer 10 minutes after closing and have no liability? Well, the contract doesn't say you can't do that, and by the logic I've seen posted, the car should belong to the buyer at that point, so hey, what the heck...

What makes the buyer think that they own the heating oil? The contract doesn't say so. If your neighbor parks their car in your driveway, does that mean you now own it?
Your right, not every single thing is addressed in the contract, but.. you do have to address in the contract the items that the seller expect to keep or wants reinbursed for.. period.. its like that in every 50 states.

A vehicle is not part of a sales contract, its not attached in any way to a home.. Its also titled differently, try again to find a better comparison.

The reason a buyer would own the heating oil is because once its put into the tank, it becomes attached to the home (well technically the home heating source). In the event you cant remove a furnace presale without the buyer being aware of it, you also cant expect to be reinbursed for something because you ask for it and they never agreed to it.
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