ISP has threatened to sue for equipment I purchased as part of my property

[MRantenna]

I purchased a home a little over a year ago that had a wireless antenna on the roof of the shop on the property. The seller told me I could use it as an option for connecting to internet but there was also a landline service option. This antenna is documented in the original home listing pictures of my home and no part of my home purchase contract said it was owned by a third party nor does it contain any proprietary labels. These antenna are available online.

Prior to moving in, I signed up with an ISP that connected wire to the antenna and provided a modem (I purchased the modem). My service contract shows the modem purchase (not lease), installation service price and what I would be charged monthly. There is a single line that says ".....LLC retains ownership of all leased equipment on customer premise". This is fine, however, I didn't lease any equipment, and there is no specified leased equipment in my very short contract. The rest of the legal details of the contract revolve around the internet service itself (paying the bill, interruption of service, limitation of warranties and liability). There is no clauses for leased equipment or inheriting leases from previous owners.

I can prove through multiple pictures with dates that this antenna was simply here and included in my home purchase. I would like to keep it, it is an expensive antenna, I believe that it is my property.

I recently changed to another service and the previous ISP advised me that they would be coming to take the antenna. I disputed this and the owner threatened to take me to small claims court. After I told him the circumstances of the installation he seemed to become more level headed and back off.

I believe I have a legal right to keep this antenna. Just curious if anyone has insight here. Thank you for any help!

 

[quincy]

... I recently changed to another service and the previous ISP advised me that they would be coming to take the antenna. I disputed this and the owner threatened to take me to small claims court. After I told him the circumstances of the installation he seemed to become more level headed and back off ...

If the previous ISP has "become more level headed" and backed off of threats to take you to court, what exactly is your concern?

 

[MRantenna]

If the previous ISP has "become more level headed" and backed off of threats to take you to court, what exactly is your concern?

Thanks for your reply. As previously stated the owner seemed to become more level headed. This was over a phone conversation where he was initially threatening and then talked more conversationally / changed his tone. There was never any clarification that he wouldn't do what he originally intended or claimed. People often say one thing and do another.

I'm trying to gather information in the context of the circumstances and be prepared. Thanks for any insights.

 

[FlyingRon]

Just because the antenna was on the house when you bought it doesn't make it yours. The listing and purchase contract mean SQUAT if the person selling the house didn't own the antenna.

 

[LdiJ]

Just because the antenna was on the house when you bought it doesn't make it yours. The listing and purchase contract mean SQUAT if the person selling the house didn't own the antenna.

While I agree with this, I think that the fact that he wasn't being charged a monthly fee for the antenna would indicate that it was not leased.

 

[FlyingRon]

While I agree with this, I think that the fact that he wasn't being charged a monthly fee for the antenna would indicate that it was not leased.

If by HE you mean the poster, that's immaterial. The fact he got free use of it still doesn't make it his.

 

[quincy]

Thanks for your reply. As previously stated the owner seemed to become more level headed. This was over a phone conversation where he was initially threatening and then talked more conversationally / changed his tone. There was never any clarification that he wouldn't do what he originally intended or claimed. People often say one thing and do another.

I'm trying to gather information in the context of the circumstances and be prepared. Thanks for any insights.

There are a few ISPs that require a user to purchase their own equipment, and some users will purchase their own equipment whether required by their ISP or not. You might want to contact the previous homeowner/seller to find out if the equipment was purchased by the homeowner or leased, this to better prepare yourself in the event the ISP continues to challenge your ownership of the antenna.

I agree with FlyingRon, however, that pictures of the antenna in photos of the house listing does not mean you are purchasing all that is pictured. It is often the case that listing pictures will show vehicles in the driveway, for example, and the house purchase does not include these vehicles. I have seen house listings where children are pictured in the yard and, although perhaps wishful thinking on the part of the homeowner, the children do not go with the house. A wireless antenna would be no different.

I also agree with LdiJ that, if you have not been paying for the equipment, it points to the fact that it is not leased, but the best way to find out the ownership status of the antenna is to contact the seller of the home.

 

[MRantenna]

There are a few ISPs that require a user to purchase their own equipment, and some users will purchase their own equipment whether required by their ISP or not. You might want to contact the previous homeowner/seller to find out if the equipment was purchased by the homeowner or leased, this to better prepare yourself in the event the ISP continues to challenge your ownership of the antenna.

I agree with FlyingRon, however, that pictures of the antenna in photos of the house listing does not mean you are purchasing all that is pictured. It is often the case that listing pictures will show vehicles in the driveway, for example, and the house purchase does not include these vehicles. I have seen house listings where children are pictured in the yard and, although perhaps wishful thinking on the part of the homeowner, the children do not go with the house. A wireless antenna would be no different.

I also agree with LdiJ that, if you have not been paying for the equipment, it points to the fact that it is not leased, but the best way to find out the ownership status of the antenna is to contact the seller of the home.

Thank you for all the great responses. The owner of the ISP acknowledged in our heated conversation that the contract I signed was the same as the previous owner. Neither the billing invoices or service contract specify any specific equipment that I leased from them. It is just a general sentence that I previously supplied about them owning any leased equipment.

I fully agree that not all items pictured come with the house (cars, children etc.) I have to admit that made me laugh a bit at the idea. In our communications for home purchase, the seller and I discussed specific items that would be left (like refrigerator, etc.). The seller specifically walked me around the property and let me know the antenna was something I could use for internet but I didn't have to.

I Think the pictures refer to evidence that the antenna existed on my property previous to my service agreement. There are actually 3 other radio internet service providers in my area. The owner of the ISP tried to leverage recovery of the antenna via reference to a checkbox in my contract designated by "new installation". According to him the new installations mean that I received a new antenna along with the cable connection and modem. My listing pictures prove otherwise. I was present for the installation of some wire and modem, the ISP owner was not. There is also a box on the contract for "reconnect". That wasn't checked.

I will check with the previous home owners to see if they had any additional lease agreement. I can't find any specific language in my contract.

Thank you for all the advice!

 

[Zigner]

Thank you for all the great responses. The owner of the ISP acknowledged in our heated conversation that the contract I signed was the same as the previous owner. Neither the billing invoices or service contract specify any specific equipment that I leased from them. It is just a general sentence that I previously supplied about them owning any leased equipment.

I fully agree that not all items pictured come with the house (cars, children etc.) I have to admit that made me laugh a bit at the idea. In our communications for home purchase, the seller and I discussed specific items that would be left (like refrigerator, etc.). The seller specifically walked me around the property and let me know the antenna was something I could use for internet but I didn't have to.

I Think the pictures refer to evidence that the antenna existed on my property previous to my service agreement. There are actually 3 other radio internet service providers in my area. The owner of the ISP tried to leverage recovery of the antenna via reference to a checkbox in my contract designated by "new installation". According to him the new installations mean that I received a new antenna along with the cable connection and modem. My listing pictures prove otherwise. I was present for the installation of some wire and modem, the ISP owner was not. There is also a box on the contract for "reconnect". That wasn't checked.

I will check with the previous home owners to see if they had any additional lease agreement. I can't find any specific language in my contract.

Thank you for all the advice!

That checkbox may or may not help your position. Each time I ordered new service with a satellite provider, the installer installed a new dish/antenna.

Are you using the antenna with your new provider?

 

[quincy]

... I will check with the previous home owners to see if they had any additional lease agreement. I can't find any specific language in my contract ...

I think checking with the previous home owners stands to be the quickest and best way to determine if the equipment is leased or owned by you, the new homeowner.

We all appreciate the thanks, MRantenna. I hope all is resolved in your favor.

 

[MRantenna]

That checkbox may or may not help your position. Each time I ordered new service with a satellite provider, the installer installed a new dish/antenna.

Are you using the antenna with your new provider?

I used the antenna with the old provider (it is compatible with them and a few other ISPs in the area), however it is not proprietary technology to them. It is not like a DirecTV or Dish Network dish which identifiable to those companies and specific usage. This is an non ISP branded yagi that I could use in other applications/tests/experiments. You can purchase these specific antennas online on more than one site.

Thanks for your comment!

 

[quincy]

I used the antenna with the old provider (it is compatible with them and a few other ISPs in the area), however it is not proprietary technology to them. It is not like a DirecTV or Dish Network dish which identifiable to those companies and specific usage. This is an non ISP branded yagi that I could use in other applications/tests/experiments. You can purchase these specific antennas online on more than one site. ...

It appears that the previous homeowner purchased the equipment and that you are the new owner of the equipment. There does not appear to be anything that points to the antenna being leased equipment, which is probably why the previous ISP became more "level-headed" after your discussion.

At any rate, I wish you good luck if the ISP challenges your ownership.