Legal Question in Real Estate Law in New Hampshire

My husband and I are buying a home. Part of our contract agreement is to pay for remaining heating oil. We have been under contract with all contingencies met for ~1 week. The seller has just notified us that the gauge on oil tank is broke and the only way to determine how much oil is in tank if to have it filled up, therefore we would be responsible to pay for a tank full of fuel. We feel they should fix the gauge but they are not interested. We stated we do not want to have oil tank filled as we are shopping around for best deal once we are in property (closing date 10/29). They have informed our realtor that they may need to fill it as they are afraid they will run out before they move. Do they have the legal right to do this and expect us to pay for the full fill of the oil tank since we have been under contract now?


Asked on 10/11/10, 5:24 pm

1 Answer from Attorneys
Roy Weddleton Granite Law

It is a customary to have the oil filled prior to closing and you pay for it; it it is 500 gallon tank and 400 gallons is put in, you credit the seller for the 100 gallons they are leaving.

Technically, they have no obligation to fix the oil gauge. However, it is customary they would fix something like that or get an estimate of the cost to fix and deduct from the sales price.

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Answered on 10/16/10, 5:33 pm


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