Questions on residential propane service

[ua_guy]

We just moved into our new house last week. The propane company was listed in the purchase/sale agreement and it was noted that the tank was leased; we'd need to call to set up and transfer the account. A couple of days passed, and then the propane tank (500-gal) disappeared out of the yard. Gone.

I called the propane company and they confirmed the seller called them the day after closing and asked that service be canceled, tank be picked up. (What? -why did nobody ask if we wanted to continue service, first?). They also issued a credit to the seller for the remaining gas in the tank.

I do believe the P&S agreement explicitly states anything left on the property after closing is OURS, with exception of the leased tank, becuase that was not owned by the seller in the first place. The 400-ish gallons of propane inside would technically be ours, especially since he didn't ask for a credit until after closing.. The seller, from previous experience, is a liar and a jerk, so I have no qualms about slapping the contract language in his face, if it's believed I've got a claim here. Had he let us know that he planned to have the tank removed (the company would have just left the tank in place, and set us up on a new lease), and had he disclosed his intentions to seek a credit for the gas which was rightfully his before the house sold, we would be more understanding.

We are contracting with a new propane service, but it's cold showers and sandwiches for a few days until they can drop a new tank and connect everything up..

Do you think we've got recourse here, or not?

[kork13]

You probably have legal standing if you were to choose to take it to small claims court... question is if you want to deal with the procedures and stress of going through that process for the $1000 or whatever that you'd probably get from a settlement.

Personally, I wouldn't bother, as it would have been a non-issue had he done it simply a week earlier.

[Baby_nurse]

I think you would have a hard time proving your case. It was your responsibility to make arrangements with a propane company to continue service. More than likely, the seller was under obligation to notify the propane company within a set time period of moving to arrange the return of the leased equipment. Since you didn't have a tank in place, it was not the responsibility of the company to make arrangements to transfer it to you. They couldn't very well leave it uncontained on the property.

[ua_guy]

Thanks for the replies. I think, if by asking the sellers and pointing to the P&S agreement that says the fuel was technically ours, if he's willing to forefit the fuel credit, great. If not, let's assume it did have $1,000 worth of fuel in it. I don't know if that's worth pursuing in Small Claims given the time, cost, and sour grapes for everyone. Live and learn, recover with a smile and moooooove on.

I do feel like an opportunity of acting in good faith was missed though. The seller could have forwarded our contact information, the propane company could have tried contacting us or notifying us, or at least given us a full 10 business days to set up an account. That would have been gracious and kind; seeing how they trespassed our property without notifying us and left us unexpectedly without hot water, and a cooking range for a few days.

On the opposite spectrum, I contacted a different propane company, and while it wasn't their emergency, they got us on the schedule for a next-day delivery by routing a guy from another delivery service area, almost 100 miles out of his way. Competitive pricing and friendly service!

[greenskeeper]

This is common with a leased tank. You have nothing to really stand on other than you could have contacted the existing company or the company of your choice to coordinate a smooth transition of leasing the existing tank or r/r of both tanks.

[Gailete]

We have a propane tank and since we built the house, we didn't buy into the tank. However, my FIL has a rental house here with a propane tank that whenever the renters move out, the tank gets read and the fuel credited back to the renters (even is they hadn't paid their rent for 6 months). If they bought the propane, it is theirs. Any new renter has to pay for what is in the tank when they move in, which is how the company gets it's money back, so them taking the tank out really was weird and not a nice way to say welcome neighbor!