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

[BMW Rider]

By that logic the dishes in your cupboards and the clothes in the closets now belong to the purchasers too. Lawyers

[Aquattro]

Ya, I wouldn't say cancel it as a first option, but honestly, this is dumb. What are we talking, half million dollar+ house? And they want to argue over some fish that they don't know a damn thing about?
If they insist, buy an undulated trigger and toss that in. Dirt cheap fish that will give them more grief than they could imagine Or add some guppies.

[surfisjah]

You definetly keep your pets (even if they are bristle worms). Your agent should be handling this for you so you don't have to stress. Otherwise I'd say anything attached as part of the house stays, and anything that could come like power heads could stay but will have to be added to the price of the home.

[surfisjah]

maybe get some clowns in the tank for the new owners as they seem fitting. Manu up in the ne breeds them. I am not a lawyer so really don't have solid knowledge but I am bothered by your situation.

[The Guy]

Originally Posted by Aquattro

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.

Well said Brad I agree. Things are way too politically correct these days!

[Nate]

Given current real estate is probably offer a 200.00 gift card for fish so they could pick and choose their own. Or a gift card to a maintenance company that could come in and teach them about the tank. Shows your willing to act in good faith.

All else fails clowns and damsels .

[Treebeard]

I wouldn't give them a cent. Seems to me like their realtor is trying to squeeze every last possible penny out of you. If they want to blow the deal based on a few hundred dollars worth of fish they are morons.

[gmann]

Anything fixed to the wall must be included. Contents should not be unless buyer and seller both agree and sign an amendment.

Not sure what the Calgary market is like, but if its like Vancouver tell them to F O, otherwise throw in some chromis.

[SeaHorse_Fanatic]

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]

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.