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.
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?
No... but I can have it towed at the owner's expense within the hour...
Again, the question is... when is a Deal a Deal?
If both parties can convince a judge that neither side performed... the option exists to rescind...
My best guess is that 5 weeks after the sale the Seller learned they could have negotiated for the oil... next time they will know...
Next we'll be hearing about a cord of wood that someone left behind and now wants...
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.
You only have to specify exceptions to the property that is listed. You see, a sales contract says "I'll sell you X, Y, Z." Then if you want to keep some things that are described as the to-be-sold property, you have to say "except I get to keep X1, X3 and Z6."
But unless the contract first describes a piece of personal property, you don't have to exclude it.
Quote:
Originally Posted by pghquest
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.
How about any piece of property that is not separately titled and not physically attached and not included in the description of "the property?" A lawn mower, if you like.
Quote:
Originally Posted by pghquest
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).
Well this is what I listed as one of the questions that has to be answered, and this is a matter of state law, so I don't know. Typically fixtures must be physically and permanently attached to the property in order to be considered part of the real estate. Anything else is considered personal property and must be listed as to-be-sold, otherwise it is not part of the conveyance.
Well it could actually be a crime to refuse to turn over their property.
Oh please, it conveys with the property. The seller just had a greedy after thought. Would have, could have, should have too late. How nice of the agents to continue working for them five weeks after the closing.
You only have to specify exceptions to the property that is listed. You see, a sales contract says "I'll sell you X, Y, Z." Then if you want to keep some things that are described as the to-be-sold property, you have to say "except I get to keep X1, X3 and Z6."
But unless the contract first describes a piece of personal property, you don't have to exclude it.
How about any piece of property that is not separately titled and not physically attached and not included in the description of "the property?" A lawn mower, if you like.
Well this is what I listed as one of the questions that has to be answered, and this is a matter of state law, so I don't know. Typically fixtures must be physically and permanently attached to the property in order to be considered part of the real estate. Anything else is considered personal property and must be listed as to-be-sold, otherwise it is not part of the conveyance.
If you dont take your lawn mower with you when you move, its conveyed to the buyer.. I've had numerous sellers leave personal property in their house when they move out. They cant come back 5 weeks after they move and claim ownership of the lawn mower either. If they want to keep their assets on my newly acquired property for 5 weeks (or even 1 day) I require a legally binding lease put into place. Be it oil, or lawn mowers, its mine the minute they sign the deed over.
You folks are living in your own little dream world. I agree it would be nice if you could just make up laws as you think they should be, but that's not how the world works.
When you leave your property at someone else's house, it creates an implied involuntary bailment. You have a duty to use reasonable efforts to protect it, and to return it when it is requested by its rightful owner.
You folks are living in your own little dream world. I agree it would be nice if you could just make up laws as you think they should be, but that's not how the world works.
When you leave your property at someone else's house, it creates an implied involuntary bailment. You have a duty to use reasonable efforts to protect it, and to return it when it is requested by its rightful owner.
But I enjoyed the good laugh I got when I read what you thought should happen.
Hope you enjoyed the law lesson. Come back anytime.
It's called abandonment...
Even in California... a Landlord can charge you reasonable storage fees. If you do not reclaim belongings within 18 days of vacating, the landlord can mail you a notice to pick them up, and then can either sell them at auction or keep them (if their value is less than $300)
Also... Possession is 9/10's of the Law... I would love to see a trail where someone is explaining their damages on property they forgot about for 5 weeks left in a home they sold...
Lastly, why couldn't the owner demand the Seller come and remove the Hazardous Material they left behind... last I checked, paint, pesticide and fuel are all classified as Hazardous...
An involuntary (or constructive) bailment occurs when a person comes into possession of property accidentally or mistakenly, as where a lost purse or car keys are found and need to be protected until properly redelivered -- a bailment is implied by law... I think anyone would have a hard time successfully arguing they accidentally left 100 gallons of heating oil and first discovered it 5 weeks after the fact...
Last edited by Ultrarunner; 06-12-2008 at 09:34 PM..
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.
