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JustWondering2 · Aug 10, 2015, 08:15 AM

I sold my home and the buyer ASSUMED the tank came with the house. I purchased the tank so I could purchase propane from any supplier I choose and pay less for the fuel plus save yearly rental fees. I offered to sell the tank to the new owner(s) but they want me to give it to them. Most tanks are owned by the propane vendors. Am I obligated to give them the tank?

ballengerb1 · Aug 10, 2015, 10:43 AM

It all depends on how your contract was written. Most likely its part of the home since its affixed.However, if they do not want to pay you for the tank do you want to go through the cost of having it pumped out and moved? That can run $300-500

AK lawyer · Aug 10, 2015, 02:03 PM

Originally Posted by ballengerb1

... Most likely its part of the home since its affixed. ...

I don't know that it's a fixture. If the tank is like most, the only thing OP would have to do to remove it would be to unscrew the gas fitting. I would not call this being affixed. It's easier to remove than a washing machine or drier, which are not considered fixtures.

So, and assuming the contract doesn't address it, no, the OP doesn't have to give it to the buyers.

ballengerb1 · Aug 10, 2015, 02:12 PM

Unlike a washer the propane tank requires a footing, making it a structure. When you sell a property all structures on the property are part of the deal unless expressly excluded.

AK lawyer · Aug 10, 2015, 05:49 PM

Originally Posted by ballengerb1

Unlike a washer the propane tank requires a footing, making it a structure. When you sell a property all structures on the property are part of the deal unless expressly excluded.

We don't know what sort of propane tank (size, for example) it is, so we have no idea whether it requires (or has) a footing. I have an outside tank, for example. It does have a concrete brick under it, but I seriously doubt that brick would be considered a "footing", whether said brick makes it a "structure", and whether all such "structures" would be part of a sale "deal".

ballengerb1 · Aug 10, 2015, 06:03 PM

My answers come primarily from the IBC code. I am on a building, zoning and permitting board and we use their definition of a structure. That concrete brick or block is considered a structure, it is in the ground and carries a load. That being said we do not even know what country the op is from so it may be a question that can be debated. The op state two things which caused me to believe this is likely a 500 gallon tank. He said it was fuel for his home and most of these tanks are owned by the propane company. If the op could come back with some more details it might clear things up. My question to the op is something I want him to think about. If the buyer doesn't want to pay for the tank is it worth it to him to pay to have it pumped down and moved. What would he do with a spare propane fuel tank anyway.

Fr_Chuck · Aug 10, 2015, 06:26 PM

The answer is, it should have been covered in the sales contract. All things that stay and all things that do not stay are normally listed directly in both the listing contract, and the sales agreement. It it was not excluded in the utilities section as being sold, it was sold with the house.

If you wanted to remove it, you needed to have listed it, as a optional item that could be purchased.

I will disagree with the idea it is a structure,

ballengerb1 · Aug 10, 2015, 06:31 PM

Chapter 17-2 IBC "“Structure” means anything constructed, the use of which requires a fixed location on or in the ground, or attached to something having a fixed location on the ground and which imposes an impervious material on or above the ground; definition includes “building.”"

AK lawyer · Aug 11, 2015, 09:26 AM

Hate to beat a dead horse. But,

Originally Posted by ballengerb1

Chapter 17-2 IBC "“Structure” means anything constructed, the use of which requires a fixed location on or in the ground, or attached to something having a fixed location on the ground and which imposes an impervious material on or above the ground; definition includes “building.”"

This IBC (International Building Code, perhaps?) appears to be unartfully drafted: what the heck does "use ... imposes ... material" mean? And while the definition may include "building", it doesn't exclude non-buildings.

joypulv · Aug 11, 2015, 11:28 AM

Structure comes from construct, and the code says 'anything constructed.' I don't see a propane tank as being a structure in that it isn't constructed.

I'm in New England and I too bought a house and I too assumed that the 500 gallon tank came with, despite this being my 5th house. Never had propane before.
It didn't. It was leased. Seems that is very common here. Fortunately no one took it away.
I could have just LOOKED at it. A decal says it's owned by a certain company.

Bringing me to your inspection. I didn't have one, not a formal one - a builder friend and I did it.
If you had an inspection, I would expect a good inspection to include details about the tank.