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

[Seth81]

You mean a different lawyer! lol

Well stay tuned to see if what happens!

Originally Posted by Aquattro

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.

[MitchM]

I have commercial real estate experience, and if your aquarium is an integral part of the house (like a dishwasher), then it will be deemed part of the house.
If you're leaving the aquarium anyways, it doesn't have to have fish in it. If you really want to sell the house and the buyers are going to be petty, fill it with freshwater and goldfish.

If the aquarium is a separate unit, stand, plumbing, equipment and doesn't leave any holes in the walls or floors, it's a piece of furniture that you can take with you.

Everything is a bargaining point, either the buyers want the house or they don't.

[GoFish]

If you would like a second opinion you could try the Alberta Law Society "Lawyer Referral" service
I've used this before through the Canadian Bar Association of BC. it led to a 1/2hr consultation, which was very helpful. They give you a few numbers of lawyers in your geographical are and type of law you need assistance with. For me there was a $25 fee which as you know is damn cheap to have a lawyer speak to you. It looks as though in Alberta in may be free?

Have a read through this, there's a phone number to call. I know you're asking for legal advice from canreef but it seems like the legal department is on vacation right now http://www.lawsociety.ab.ca/public/lawyer_referral.aspx

[GoFish]

Originally Posted by Seth81

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

I mean this in the sincerest of ways. Keep in mind you're posting on a public forum.
I am totally on your side here. Just know that canreef is a very public site and said purchasers may decide to look into what it actually takes to setup and keep a saltwater aquarium running. You never know where they might look.
Defence lawyers looooove social media. Facebook as an example has won and lost many court cases in recent history

Anyhoo, if said purchasers read this thread. Give Seth a break! They were his pets and he did what he thought was best for them. There are many fish in the sea and we will help you with whatever you need! As long as you dont introduce yourselves as this couple...kidding

Good luck with how this turns out Seth, and your new house with your new tank!

[Aquattro]

Originally Posted by Vancity

Anyhoo, if said purchasers read this thread. Give Seth a break!

Ya. OH, and FO

[Seth81]

Perhaps I should have picked a more anonymous user name

Oh and to answer Brads question, no they have not explicitly responded to me informing them that I already removed the live stock.

They did try to get me to sign an amendment stating that the aquarium would be left as it was the day they saw it, which I did not sign.

Originally Posted by Vancity

I mean this in the sincerest of ways. Keep in mind you're posting on a public forum.
I am totally on your side here. Just know that canreef is a very public site and said purchasers may decide to look into what it actually takes to setup and keep a saltwater aquarium running. You never know where they might look.
Defence lawyers looooove social media. Facebook as an example has won and lost many court cases in recent history

Anyhoo, if said purchasers read this thread. Give Seth a break! They were his pets and he did what he thought was best for them. There are many fish in the sea and we will help you with whatever you need! As long as you dont introduce yourselves as this couple...kidding

Good luck with how this turns out Seth, and your new house with your new tank!