Members angelkisses98 Posted October 31, 2009 Members Report Share Posted October 31, 2009 So, we went to settlement on the 23rd of this month. We are mostly unpacked and settling in. 5 days later, I get a call from my realtor. The sellers realized they forgot to ask for reimbursment on the propane in the propane tank and want it back. Now, This is the sellers realtors responsibilty to make sure all the ducks are in order. When we went to closing, and the HUD1 form was giving for sellers/and buyers to sign with all the costs of inspections/tax reimbursements/propane ect...while their realtor was joking and laughing with the title lady, my realtor was explaining everything to us, what we were paying for/what the sellers where paying for, and going over invoices and receipts. The sellers realtor did non of this, and just let the sellers sign. Now, 5 days later, there like oops. Oh well, it was their realtors mistake not putting that into the closing cost that YOU signed. Of course their realtor refuses to reimburse them for his screw up...and now it's a whole mess..they called the company who has the tank on OUR property, and made plans to have it removed!! Which the company was going to do. I called a week prior to settlement, and let them know we were buying the propery, and had service switched over to my name, exactly what i was sposed to do. I feel as though, they signed the contract, we are no longer responsible to pay them back for their screw up. Any thoughts or input? Quote Link to comment Share on other sites More sharing options...
Members Mikayla1 Posted October 31, 2009 Members Report Share Posted October 31, 2009 Legally, your 'closing' is the 'final' word on what is being sold and what you are paying. You have NO legal responsibility to pay for their mistake. Don't agree to pay it, ask your laywer (not your relator - as they all try to be 'in cohoots' with each other to make business easier.Ask your attorney - you don't have to pay it. Quote Link to comment Share on other sites More sharing options...
Members square Posted October 31, 2009 Members Report Share Posted October 31, 2009 In a busy world, one must pick and choose one's battles. Next to the price of a house, this is nickel and dime bullshit.If I were the seller, I would think, "oops. Oh well," and that would be the end of it.If I were the buyer, I might just pay it because it is easier, and for me it would not be worth the agrivation. And if they had not screwed up, I would have had to have paid it anyway. I think I'd be more annoyed that they were making a stink about nickel and dime crap than having to pay.If I were to fight, I might see what the lawyer can do for me, but will the lawyer charge you for this, or will it be considered part of what you paid already?I might try calling the propane company and inquiring, "Are you really going to follow orders from someone who doesn't own the property any more? Is that even legal?"Do you have a choice in propane companies? If so, you might tell them, "Come get your fucking tank, and don't expect any business from me EVER, and I will make certain to let all my pals know what you have done. That oughta be good for your future business."Those be me thoughts. I don't think I'd find fault with whatever route you decided to take. Quote Link to comment Share on other sites More sharing options...
Members angelkisses98 Posted October 31, 2009 Author Members Report Share Posted October 31, 2009 My aunt is a paralegal, and she looked over all the contracts, and then passed them on to her boss. We are not legally obligated to pay for the propane. They could technically go after their realtor, but thats not my problem. Quote Link to comment Share on other sites More sharing options...
Members square Posted October 31, 2009 Members Report Share Posted October 31, 2009 I was thinking it was an oversight at the closing, but you are saying (I think) that it was never in the contracts to start with, and so they don't have a leg to stand on.In that case I'd be more inclined (totally inclined) to tell 'em to piss off.Don't they have a lawyer? More than their realtor, the lawyer should be the one to keep tabs on that sort of thing being in a contract. Quote Link to comment Share on other sites More sharing options...
Members angelkisses98 Posted November 1, 2009 Author Members Report Share Posted November 1, 2009 I was thinking it was an oversight at the closing, but you are saying (I think) that it was never in the contracts to start with, and so they don't have a leg to stand on.In that case I'd be more inclined (totally inclined) to tell 'em to piss off.Don't they have a lawyer? More than their realtor, the lawyer should be the one to keep tabs on that sort of thing being in a contract.It was stated in the contract when we bid on the house, we are to reimburse sellers at closing for the propane, That it would be included in the closing costs at settlement. Which it was not. Quote Link to comment Share on other sites More sharing options...
Members Sunday Posted November 1, 2009 Members Report Share Posted November 1, 2009 It was stated in the contract when we bid on the house, we are to reimburse sellers at closing for the propane, That it would be included in the closing costs at settlement. Which it was not.That's different. I thought they hadn't even mentioned the fuel until after the closing, then tried to change the deal. If you agreed to pay for the fuel then you should honor the contract and pay for it. Quote Link to comment Share on other sites More sharing options...
Members mailahn97 Posted November 1, 2009 Members Report Share Posted November 1, 2009 It was not put into the costs in your closing paperwork. That is not your fault. They should have looked over everything that was being signed to make sure it was correct along with their realtor as well. Their loss. If you were to have turned around and forgot something they were supposed to pay for...do you think they would pay you. Sorry you snooze you lose. Quote Link to comment Share on other sites More sharing options...
Review Team sass Posted November 1, 2009 Review Team Report Share Posted November 1, 2009 I tend to agree with SS. What if the shoe were on the other foot?But I also agree with square - is it enough to go through the hassle of fighting it? I don't know but I do know propane is expensive, especially up in your area.I guess you have figure out that one for yourself, is it worth it? Some times the legal way is also the PITA way, ya know? But if it would cause a hardship financially for you, then the hassle may be worth it.Good luck either way, and sorry the joys of getting a new home are being dampened by this crap. Quote Link to comment Share on other sites More sharing options...
Members angelkisses98 Posted November 1, 2009 Author Members Report Share Posted November 1, 2009 I offered to compromise to be fair and pay half. Which I am under no legal obligation to do. They said no, so screw 'em Quote Link to comment Share on other sites More sharing options...
Members ladylove Posted November 2, 2009 Members Report Share Posted November 2, 2009 I offered to compromise to be fair and pay half. Which I am under no legal obligation to do. They said no, so screw 'emMake sure you protect yourself and your family legally, do what our lawyer suggests, it's the only way to go. Quote Link to comment Share on other sites More sharing options...
Members square Posted November 3, 2009 Members Report Share Posted November 3, 2009 (couple of more thoughts)Legal obligation is only one yard stick to go by.If you buy groceries and pay with a 50, and the cashier gives you your change but goofs and gives you your 50 dollar bill back with it, do you keep it or give it back? I don't know what the legalities are, but I would and have given it back.Some of the fine young men and women of Richmond, California who stood by last week and did nothing for two and a half hours while a 15 year old girl was gang raped were under no legal obligation to call the police, but I don't think anyone here would give them a free pass for that omission.The point being there are other things to consider besides the legalities. Every situation is different and most aren't so cut and dry, and you gotta look at the whole picture. If your closing costs were rolled into the mortgage for example, it's very easy to make the case, "Sorry, it's too late to add that propane cost into the mortgage, and I don't have that cash handy. You're beat." But regardless, I'm sure you can come up with reasonable justifications to go either way on this whole thing. Quote Link to comment Share on other sites More sharing options...
Members Sunday Posted November 3, 2009 Members Report Share Posted November 3, 2009 (couple of more thoughts)Legal obligation is only one yard stick to go by.If you buy groceries and pay with a 50, and the cashier gives you your change but goofs and gives you your 50 dollar bill back with it, do you keep it or give it back? I don't know what the legalities are, but I would and have given it back.Some of the fine young men and women of Richmond, California who stood by last week and did nothing for two and a half hours while a 15 year old girl was gang raped were under no legal obligation to call the police, but I don't think anyone here would give them a free pass for that omission.The point being there are other things to consider besides the legalities. Every situation is different and most aren't so cut and dry, and you gotta look at the whole picture. If your closing costs were rolled into the mortgage for example, it's very easy to make the case, "Sorry, it's too late to add that propane cost into the mortgage, and I don't have that cash handy. You're beat." But regardless, I'm sure you can come up with reasonable justifications to go either way on this whole thing.We're on the same page with this one Square. A tank of propane is what, a few hundred bucks? My self respect is worth a lot more than that. I like holding my head up. Feels good. Quote Link to comment Share on other sites More sharing options...
Members ladylove Posted November 3, 2009 Members Report Share Posted November 3, 2009 Be honorable, hold your head up high, do the right thing. The right thing is different for everyone, that's why the legal profession is so necessary to our society....... Not everyone views the right thing in the same way. So, If you want to pay, pay, if not make sure you are within your indisputable legal rights not to before turning away. It's not up to me/us to be ones moral compass. We all have our own set of financial issues and self comfort level, in the end it's just you staring back at yourself in the mirror. *A couple hundred $ may be nothing to some, and much to another. Quote Link to comment Share on other sites More sharing options...
Members angelkisses98 Posted November 3, 2009 Author Members Report Share Posted November 3, 2009 It's not a few hundred bucks...the company they were using is the most expensive in the area charging $3.25 a gallon. We are being asked to pay the current rate of the propane, and not what they paid for it which was $2.70. It's a 240 gallon tank. so instead of paying the $648 they paid, we are being told we owe $780. Which is bullshit. I found another propane company with a much better company that is only charging us $1.95 a gallon, which for a full tank will only cost us $468!! Thats a $300 dollar difference. The old company will come out and remove the tank and reimburse the buyers, and we are saving money. Quote Link to comment Share on other sites More sharing options...
Members ladylove Posted November 11, 2009 Members Report Share Posted November 11, 2009 Whatever happened with all this? Quote Link to comment Share on other sites More sharing options...
Members angelkisses98 Posted November 11, 2009 Author Members Report Share Posted November 11, 2009 I had another company come out with a new tank for much much cheaper. The other company is going to reimburse the sellers for whats left in the tank. Legally they can not come after us for what we used. Quote Link to comment Share on other sites More sharing options...
Members ladylove Posted November 11, 2009 Members Report Share Posted November 11, 2009 I had another company come out with a new tank for much much cheaper. The other company is going to reimburse the sellers for whats left in the tank. Legally they can not come after us for what we used.I'm glad it's all worked out. Quote Link to comment Share on other sites More sharing options...
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