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

Seth81 · #1 10-23-2015, 04:46 AM

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?

Ram3500 · #2 10-23-2015, 05:06 AM

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

target · #3 10-23-2015, 05:19 AM

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.

Seth81 · #4 10-23-2015, 05:32 AM

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??

IanWR · #5 10-23-2015, 05:57 AM

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!

btymens · #6 10-23-2015, 01:24 PM

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

SeaHorse_Fanatic · #7 10-23-2015, 05:14 PM

I would also agree that the tank is a fixture but the livestock within are pets (i.e. YOURS). I'd be tempted to go with Brad's suggestion (i.e. "F.O."

).

However, worse comes to worse, fill her up and add some cheap fish and be done with it.

Good luck.

Anthony

TheMikey · #8 10-23-2015, 05:35 PM

I'm not a real estate lawyer but:

What does your sales document say? All fixtures generally go along with a property transfer and any additional terms or conditions are written in (i.e. all appliances, microwave, washer/dryer, etc.).

At the end of the day, what does the contract/agreement you've executed say? If you put your signature to it, you've promised to uphold your end. This is a contract dispute, so a determination of your obligations will go back to what was written and what was said by each parties (although the written part is much more concrete).

Does the sale contract include the aquarium livestock? Did the purchasers ever say "we want to keep it all?"

If not, you indicated first that they wanted it all gone and had no interest in the tank. This is why you sold your livestock and (presumably) also tried to sell the hardware?

Sounds like you might want to go to a different lawyer.

Seth81 · #9 10-23-2015, 06:05 PM

I wonder if anyone on here actually has any legal background and not just an opinion

Anyways, the initial sales document doesn't mention a thing about the aquarium.

I think as people have mentioned, these people just want to extract every penny they can.

I met the husband during the house inspection and he said he had no interest in the tank, and that he doesn't know the first think about fish let alone reefing.

I am very tempted to have the aquarium off and drained by the time we leave the house, but I guess it costs me very little to have it running. And our lawyer was pretty adamant about having it in the same condition as when the saw it last (fish and all). It is really too late to get a new lawyer, but would love a second legal opinion.

And yeah the Calgary market is brutal right now, and if these buyers walked away, I doubt I would be able to sell again in time to be able to close on our new very expensive house. Their small deposit would be eaten away quickly by the high penalty like interest I would have to pay on the new place until we can sell.

Quote:

Originally Posted by TheMikey

I'm not a real estate lawyer but:

What does your sales document say? All fixtures generally go along with a property transfer and any additional terms or conditions are written in (i.e. all appliances, microwave, washer/dryer, etc.).

At the end of the day, what does the contract/agreement you've executed say? If you put your signature to it, you've promised to uphold your end. This is a contract dispute, so a determination of your obligations will go back to what was written and what was said by each parties (although the written part is much more concrete).

Does the sale contract include the aquarium livestock? Did the purchasers ever say "we want to keep it all?"

If not, you indicated first that they wanted it all gone and had no interest in the tank. This is why you sold your livestock and (presumably) also tried to sell the hardware?

Sounds like you might want to go to a different lawyer.

Aquattro · #10 10-23-2015, 06:41 PM

Quote:

Originally Posted by Seth81

I wonder if anyone on here actually has any legal background and not just an opinion

I would suggest the problem here is that this is likely the first time in the history of ever that this has come up, so even a real estate lawyer wouldn't have a good answer.
To argue in court, I would present that the fridge is included in the house unless otherwise stated. As it was not stated, it in included. That does not, in the view of any reasonable person, presume that the food in said fridge is also included. This can easily be transferred to the argument at hand, and if it went to court, you're going to win just using that comparison. Particularly since your fish had names and were considered, at least to you and your family, to be family pets.

However, if you want a real set in stone answer, don't ask the internet, hire and ask a lawyer who can answer this based on precedence in the field.