Buy/Sell Agreement -Montana

[JenniK]

Montana - We recently bought a property with a home on it. (In February of this year) On the Buy/Sell Agreement, there were a few things listed that the previous owner wanted, which he got before we moved in.
Recently, he is stating that the propane tank is "his", and when we weren't home, he came over and took the basketball hoop (including pole that was buried in the ground that held the hoop) out of our driveway. We found out two days later after a call to him, that he was in fact the one that took it, and he also stated he owned the propane tank. He then came on our property and put a padlock on our propane tank when we weren't home.
What are our options for this? By legal right, don't we own these things, and isn't he in the wrong for doing what he has done, and continuing to try and take things?

 

[pojo2]

Is the tank mentioned in your contracts? If not then go cut the padlock and warn said seller he will be trespassing to come onto YOUR property and the police WILL be called!

 

[JenniK]

The only thing listed on the contracts that he wanted was the workbench in the garage, a few shelves out there, the vanity in one of the bathrooms, and the towel cupboard in the same bathroom. He got all of that. The sale was completed in Feb 2006, and we came home one day to find our basketball hoop missing, and now the padlock. We spoke to the PD and can press charges for theft and trespassing. We gave the previous owner the option to professionally reinstall the hoop or the charges will be pressed. Now he wants to take us to court for the tank and hoop, saying it is HIS. 'I' know that it is ours, but trying to find where I would look it up to prove it. Looked on the net for RE laws, but don't know where exactly to find the specific ones for Buy/Sell.

 

[JenniK]

Sorry, I repeated myself on a lot of it.

 

[acmb05]

The only thing listed on the contracts that he wanted was the workbench in the garage, a few shelves out there, the vanity in one of the bathrooms, and the towel cupboard in the same bathroom. He got all of that. The sale was completed in Feb 2006, and we came home one day to find our basketball hoop missing, and now the padlock. We spoke to the PD and can press charges for theft and trespassing. We gave the previous owner the option to professionally reinstall the hoop or the charges will be pressed. Now he wants to take us to court for the tank and hoop, saying it is HIS. 'I' know that it is ours, but trying to find where I would look it up to prove it. Looked on the net for RE laws, but don't know where exactly to find the specific ones for Buy/Sell.

There is no need to, just look on the paperwork you signed and he signed when you bought the home. If it is not mentioned that it is not part of the sale then you own it.

 

[JenniK]

That is what I pointed out also. He signed the papers and handed over the keys. I said that if he wanted the hoop and tank, it would have been listed on the documents SOMEWHERE. I got a bit confused when Sunday an officer stopped by because one of our judges sent him over to get the serial number off the tank. But it was locked, and I don't have the key, so he didn't get anything. Thought maybe if the judge was doing this, then maybe there was a loop hole. Know what I mean? (Although I think maybe the guy and the judge are buddies. Where else does the judge order something on a Sunday when a guy goes and talks to him, on a Sunday...)

 

[acmb05]

That is what I pointed out also. He signed the papers and handed over the keys. I said that if he wanted the hoop and tank, it would have been listed on the documents SOMEWHERE. I got a bit confused when Sunday an officer stopped by because one of our judges sent him over to get the serial number off the tank. But it was locked, and I don't have the key, so he didn't get anything. Thought maybe if the judge was doing this, then maybe there was a loop hole. Know what I mean? (Although I think maybe the guy and the judge are buddies. Where else does the judge order something on a Sunday when a guy goes and talks to him, on a Sunday...)

Cut the lock offand replace it with one of your own. and if the cop comes back tell him you would like to file a trespass warning against the previous owner as well as theft from your property. Oh and Btw are you sure you own the gas tank. Most companies just put them on yourproperty when you get service with them but you dont actually own it.

 

[JenniK]

The previous owner is the owner of one of the propane supply places. We had asked about the tank, and were told it came with the place (before we bought it). The tank wasn't an issue until we told him we were going to press charges for theft and trespassing when he came and took the hoop & pole out of the driveway leaving a huge hole. NOW he says he wants the tank too.

 

[seniorjudge]

Propane tanks are personal property and need not be included in a real estate contract.

They are either owned by the propane company or by a person who bought it.

If a person bought a propane tank sitting on land and then moved off the land, the person who owns it can take the propane tank.

Has anyone in this drama thought to call the propane company and ask them who owns the tank?

 

[JenniK]

It was personal property of the previous owner of the place we bought. He owns the propane company. But he waits 5 months to say 'It's Mine'. I think if he REALLY wanted it, it would have been listed on the Buy/Sell along with everything else. Or if we use his thinking, the garage, carport and storage shed that he left here after the sale are his too! As I told my spouse, he took the time to list the vanity & towel cupboard in the bathroom, the shelves and workbench in the garage on the Buy/Sell, but the hoop and tank were NOT listed.