Home Buying in Buffalo>Question Details

K.egan, Home Buyer in Buffalo, NY

We closed on a home July 16th. August 8th we were notified that we owe the sellers $700 for the propane left in the tank. We nor our agent were

Asked by K.egan, Buffalo, NY Wed Aug 15, 2012

aware we were expected to pay. It is not on the HUD statement or any closing papers and the title company was not aware of this cost. Seller's agent sent gas company out on August 8th to read the meter and determine the amount due. Sellers realtor said we would be taking advantage of an older couple if we did not pay this and he hoped we could sleep at night knowing we did this. Do we ethically need to pay this?

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I agree with Gail, you can't be expected to do the seller's agent and attorney's job for them. Personally I would call the seller's agent and tell him I'd go halves with him, seeing as he is now so concerned. He made something off the deal and if he was willing to pay 300, I'd pay the other 300 (I'd take off 100 for failure to report in a timely fashion) for peace of mind; but that's just my opinion (I don't like bad karma).
Licensed Real Estate Salesperson
Notary Public, Retired N.Y.P.D. Lt.
"We treat you like family!"
Charles Rutenberg Realty, Inc.
255 Executive Drive - Suite 104
Plainview, New York 11803
0 votes Thank Flag Link Wed Aug 15, 2012
This was an error and should have been adjusted at settlement time. Legally you don't have to pay. Ethically, it's up to you
0 votes Thank Flag Link Wed Aug 15, 2012
You need to talk to your attorney. If whomever drew up the contract used a BAEC/BNAR residential contract, go to page 7, #15 (A)
Items To Be Adjusted. There shall be prorated and adjusted as of 12:00 midnight prior to the date of Closing. rents, royalties. propane, fuel oil, mortgage interest for assumed mortgages, non-delinquent taxes and assessments appearing on current tax bills computed on a fiscal year basis, water and sewer charges, user fees, license and / or registration fees and the following items (list other Items to be adjusted): _______________________________________________________________________ ___________________________________________________________________________________

The seller's attorney needs to respond to the seller about this as the money may have already been collected and you and the seller may not even realize it. Notify your attorney.
0 votes Thank Flag Link Wed Aug 15, 2012
I would advise you to talk to your lawyer. If the sellers did pay for a full tank of propane prior to closing and only used a portion, most times the buyer would repay the seller for their cost the endured to fill the tank; this is typical of people who still have oil heat in their homes. It would be similar to property taxes. It may not appear on the HUD statement as it is a utility and not a tax. Again, you should first consult your lawyer.
0 votes Thank Flag Link Wed Aug 15, 2012
Their attorney and Realtor were responsible for taking care of this older couple and they fell down on the job. Why aren't they making good on what was their oversight?
0 votes Thank Flag Link Wed Aug 15, 2012
If they had left a rocking chair, and then sent you a bill for "$250 for Rocking Chair", would you feel obligated to pay it?
Anything left on the property at Closing becomes the property of the Buyers.

This was either deceitful or stupid; you choose.
0 votes Thank Flag Link Wed Aug 15, 2012
Unless this was written into the written Purchase Agreement, you do not.

0 votes Thank Flag Link Wed Aug 15, 2012
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