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This is not even a contract. This is a narrative of how a typical contract usually operates. None of the legal terms are included. It doesn't give any guidance about what the parties' rights would be if heating oil was not addressed at closing.
For all of the make believe lawyers teaching us about abandonded property laws, I'll give you a hint as to where you can go to find the real laws applicable to the OP:
This is not even a contract. This is a narrative of how a typical contract usually operates. None of the legal terms are included. It doesn't give any guidance about what the parties' rights would be if heating oil was not addressed at closing.
I never said it was a contract. I was just providing some info that discusses the topic on hand.
For those who would prefer the Cliff's Notes version of the lesson we are getting from our esteemed law professors, there is this:
Larceny: A person commits larceny when, with intent to deprive another of property or to appropriate the same to himself or a third person, he wrongfully takes, obtains or withholds such property from an owner. Larceny includes, but is not limited to: . . . .
(4) Acquiring property lost, mislaid or delivered by mistake. A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of larceny if, with purpose to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to it." Conn. Gen. Stat. § 53a-118 (2003).
Plus:
mislaid property is defined as that which is intentionally placed by the owner where he can obtain custody of it, but afterwards forgotten.” Favorite v. Miller, 176 Conn. 310, 313, 407 A.2d 974 (1978)
So... I guess you are down to proving that the oil was conveyed.
Shall we continue with our lessons? Perhaps Utrarunner or Tamitrail would like to take over?
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
First... I'm not aware of any Agents that practice law... or Brokers...
Second... I quoted verbatim... there is no part stating, "Otherwise it is deemed conveyed to the buyer."... You shouldn't assume facts not in evidence.
Third... The form is provided by CAR (California Association of Realtor) and CAR certifies to and indemnifies member Agents and Brokers using the current form as to legality and compliance for use in the State of California
I'm not a Lawyer, Agent or Broker or CAR member... I do however know CAR maintains a legal department solely to provide its members with reliable, up to date and compliant forms and provides Legal Advice to its members...
Fourth... I am a State of California Certified Consumer Dispute Arbitrator with 25 years of experience...
Fifth... You asked for and received the exact verbiage a contract of sale for a home I purchased... This is not some imaginary sale...
Sixth... With the purchase of this home I also acquired numerous items of Personal Property the seller did not remove before Escrow Closed... items including a free standing Wedgewood Stove, Upright Piano, Assorted Garden Tools, Extension Ladder, Patio Furniture and Potting Shed...
Seventh... What is so hard to understand here? "Personal property not included in the sale shall be removed by Close Of Escrow"
Last edited by Ultrarunner; 06-13-2008 at 04:46 PM..
You are so garbled and babbling, I have no idea what you are even talking about anymore. I don't even know which side you are debating.
Well for your benefit then, Tamitrail, I will summarize what we have learned thus far.
Unless the contract and/or the deed did, in fact, convey the oil, then the oil remains the property of the seller. There is no finders-keepers-losers-weepers law that you all are trying to claim. In other words, it is not abandoned. Check the links I provided and you might learn something.
And if it does belong to the seller, and the buyer refuses to return it, it's called larceny.
So, the only argument that you all have left is if you can prove that the oil was, in fact, conveyed to the buyer. I'm waiting for your legal authority supporting your claim that it was.
Seventh... What is so hard to understand here? "Personal property not included in the sale shall be removed by Close Of Escrow"
Wow. I know what you think that sentence says, but I can assure you that it does not say "any property not removed by the close of escrow is included in the sale."
In fact, the sentence you are hanging your hat on does not affect ownership of any personal property. If places an obligation on the seller to remove something. It does not address what happens if if the seller doesn't remove it.
For all of the make believe lawyers teaching us about abandonded property laws, I'll give you a hint as to where you can go to find the real laws applicable to the OP:
Well for your benefit then, Tamitrail, I will summarize what we have learned thus far.
Unless the contract and/or the deed did, in fact, convey the oil, then the oil remains the property of the seller. There is no finders-keepers-losers-weepers law that you all are trying to claim. In other words, it is not abandoned. Check the links I provided and you might learn something.
And if it does belong to the seller, and the buyer refuses to return it, it's called larceny.
So, the only argument that you all have left is if you can prove that the oil was, in fact, conveyed to the buyer. I'm waiting for your legal authority supporting your claim that it was.
The only think I've learned from you is arrogance. I never said it was abandoned. I am the one who said the oil does not convery. I'm not checking anything you provided, not interested in your blabbering anymore and probably will be putting you on ignore. You don't discuss things WITH people, you talk AT people like they are childen. So find someone who is interested in playing in your sandbox.
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