Legal question:Selling house with built in tank, are fish pets?
 

Hello everyone,

So I am selling my home to some people. The tank has plumbing that goes through the wall to the basement sump. The buyers at first indicated they wanted the tank removed, so I sold all the livestock so that I could shutdown the system. My lawyer recently told me the tank is considered a fixture and therefore must be left for the buyers unless they sign an amendment.

Buyers wont sign the amendment now, and now that the livestock is gone the lawyer is saying I may need to replace the fish.

I disagree and am looking to see if anyone on here has any legal background that can tell me if the fish needed to be left for the new owners. I have tried my good friend google but can't find an answer.

The way I see it is that fish are pets, and no one would reasonably expect my cat to be included with the home! so why the fish?

Your agent is questionable. Fish are pets like dogs and cats . I don't think anyone when buying a house would expect the "spot" was part of the packaged. Hey where is the golden retriever that we saw when at the open house ?? Lol

I know when we sold our condo I had tanks attached to the wall. We had to write into the contract that they were not included in the sale. I would find it strange that the fish would need to be replaced.

However, if it wasn't specifically written in the contract that the fish and tank were to be removed you may be required to replace them.

I understand the tank as its treated the same as a fixture, but why the fish? If I had a built in litter box for my cat, does the cat come with the house too??

First buyers say get rid of it, now they want it? There is no possible way fish, coral, rock, powerheads, skimmer, anything not attached is included. Even the sump should be yours if it not glued down. I mean, what if you had a tank crash? You're on the hook to restock?? Madness!

this is your house that you sold. its a piece of furniture. your lawyer is looking at it as though you didn't renew your lease on a space you rented for a few years and the tank is a fixture, like something attached to the wall or a ceiling light. realistically take the tank, the buyer won't do anything

If the tank is a fixture, it sells with the house as it is deemed part of the house. Keep in mind, that's the empty tank, the actual property.

Contents of the tank are yours to do with what you please and, my guess is that the tank sells along with the house and it's the new owners issue.

Of course, all the internet advice in the world won't top a real estate lawyer and a brief consultation. Know your rights and position before you make a decision.

I agree that the tank is part of the house, there is nothing I can really do about that unless they had signed the amendment.

As far as the contents of the tank, i.e. live rock, water and critters that I am not clear on. I personally see no reason why they would be included from a legal stand point. Fixtures can be designed to contain other possessions, it doesn't mean those possessions are included. Lets say a built in china cabinet, the china wouldn't come with the cabinet right? However if the item in question was a part of the fixture that makes the fixture functional, like say in my case the main circulation pump, or a light bulb for a light fixture, I could see that being included.

But what do I know? I'm not a lawyer. When I asked my lawyer about it he just got upset about the question and in a very lawyer way evaded the question, which leads me to believe he doesn't really know and his advise is not grounded any any sort of law, just simply doesn't want to risk upsetting the purchasers.

Let's be realistic. If you just say no, the buyers are probably not going to walk away from buying a house they want. Just simply define that regardless of what law says, the fish were your pets and you found them an appropriate home. That's all you're going to say about it, like it or not.

If they want to insist, toss a damsel in the tank.

Or, tell them to FO, and cancel the transaction.

You are probably right that there is no way they would walk away at this point, they would lose their deposit at this point. The worst that would happen is a small claims court case , but they have no idea what I had in their for livestock.

Well I am for sure not going to be canceling the transaction, the Calgary real estate market is brutal for sellers!