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

[Reef Pilot]

When we bought our current house, it came with tank and inhabitants (that's how I got into this crazy hobby!). The seller asked us whether we wanted to keep the tank or not. We said yes, and wrote it into the offer (just like appliances), but didn't specifically mention contents and accessories (sump, pumps, etc). But he left us everything (and gave me some quick saltwater lessons).

There was also a pond in the back with some big Koi in it. He specifically asked to take the Koi a month or so later, to move to his new pond with his new house. That, too, was in the contract. I was fine with that, and ended up with a bunch of left over baby Koi in the sump pond anyway which I then transferred into the main pond. They are now all big. So that turned out fine for me too.

So in my case, it all worked out OK. But it helped by talking first and then specifying some details in the offer contract.

In your case, I would not want to jeopardize the sale falling through in a bad market. So would just give him what he wants. Probably a lot cheaper than hiring another lawyer or having a court battle over it.

But with real estate, it is not uncommon for both sellers and buyers (the real estate agents put them up to this) to try and wangle some last minute stuff out of a deal. Sad, but that's why you need to be vigilant with your own real estate agent when drafting offers (or counter offers).

[TheMikey]

I am not a real estate lawyer. The following is not legal advice and nothing said on a forum should ever be construed as legal advice.

In my experience, you'd be best served to hire a second lawyer for a 1/2 hour to 1 hour consultation. Call them up, explain your issue and ask for their opinion. It might cost you $100-200 for their time (ask for the fees too in advance). It seems like a straight-forward issue that they will be able to answer quickly.

You gotta look at the big picture here. What do you stand to lose (by way of deposit, Real Estate fees, placing house back to market, etc.) if this sale goes sideways? If the buyer walks away (even if you're in the right), are you prepared to hire a lawyer to pursue this case in court?

If you don't know the answer to those questions, you NEED legal advice. Or else you're opening yourself up to a host of issues that will cost FAR more than a brief consult with another lawyer. At this point, you may need to begin collecting documents and making notes in case this matter IS litigated.

Also, review your documents with your Realtor to see what exactly was promised (in all honesty, if you see a second lawyer, they'll want this document also).