Wedding Etiquette Forum

Re-sale home issue. Any lawyer ladies out there?

FML. 

We moved into our new (resale) home a few weeks ago. The previous owner forgot to leave us the mail key. Our agent got in touch with his agent, he apologized profusely and then told us he had sent it back. Just HOW did he send it? He mailed it back. Regular mail so it would end up in our mailbox that we can't open because we don't have the key. SMRT.

So it's taken 3 weeks to finally deal with Canada Post, to get them to open our mailbox to get our only mail key. We found tons of mail, mostly for the previous owner. We mailed him his mail, then he called us to say the alarm system company needs to be paid. $120 a month plus a late charge.

Um.. say what now? 

Our agent told us that the home was roughed in for an alarm system but when we asked if there was a current subscription, she said no.

When we spoke to the previous owner yesterday, he has not changed the subscription out of his name. It's a year contract, that runs out in December. He claims we're now responsible for paying the monthly fee, but we don't want it.

Common sense tells me that since nothing is in our name, we're off the hook. However, if the alarm system company were to send his bill to collections, would that in any way affect our credit? Or would they be able to put a lien on our home, as opposed to just going after the previous individual? 

UGH. This is frustrating. TIA and thanks for letting me vent.
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Re: Re-sale home issue. Any lawyer ladies out there?

  • If the bill is in his name, the account is in his name. If it goes to collections it hits his credit not yours. For all the alarm company knows he's still living in that house. And he sounds like a giant douche.
    image
  • My totally non-lawyer thought is that the alarm is connected to his name and his credit, not the home, just as other utilities would be. I mean, if he forgot to cancel cable or something they wouldn't care if he lived in the house or not, just that he had an open account. I would think you'd be fine, but maybe call the alarm company to check?
  • I'm in the middle of buying a house.  I'm not a lawyer, but I would think that if the house included the assumption of his security  contract, that would have to be spelled out in the contract of your offer, your closing papers, something.
  • Douchecanoe all the way.  I'm not a lawyer, but I don't see how that could affect your credit.  But I do see how if it gets sent to collections it may be very annoying for you in terms of phone calls and mail!
    BabyFruit Ticker
    Waiting to meet the baby broccoli on 5/5/2013!
  • I don't know jack about Canadian law, but in the US, you can only lien a property for a judgment if the property is in the name of the debtor at the time of the lien.  Meaning, they couldn't come back and lien the property even if it did go through collections and wind up in a judgment, because it is no longer his property.  

    I would assume this would be similar in Canada, but I don't know.
  • I don't know what the laws and rules are like in Canada, but in the US, I think that those debts should not be your responsibility, and if you contacted the company and explained the situation, they could start forwarding the missed bills to the seller of the house.
  • Man MNIN had way better advice than me.
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  • Thank you ladies! Helpful advice.  
    We did try to contact the alarm company, but they wouldn't release any information to us because we're not on the account. That's a good sign IMO that we won't get screwed for the bill. 
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  • I would think that's a good sign then :)
  • Bring it up to your lawyer who closed the deal for you.  Do you know if you purchased a title insurance policy when you bought the house?  Most mortgage companies require title insurance, so if you have a mortgage, you may have title insurance.  Check the paperwork your lawyer gave you, if you have received it yet.  If you don't yet have that, contact your lawyer's office.

  • If they don't have your social insurance number, they can't turn a balance over to a collections company in your name. You obviously did not provide the security company with that information, so there is no way you can be on the hook for it.


    Also I wouldn't talk with seller anymore. What a delinquent.
    As PP said, I don't know anything about Canadian law, but as you said, common sense says you can't be held accountable for his account since you did not request nor consent to the service.
  • My family owns an alarm company. You will not be responsible. The previous owner will.
  • Just tell the alarm company that the house has been sold and the new owners are not picking up the remainder of the contract, so the alarm system needs to be turned off and uninstalled.  Period.  Don't fret about who pays what.  Just get it taken out.
  • This is not legal advice as I know absolutely nothing about Canadian law.  However, if a client came to me in the states where I practice (MD and PA) I would be concerned that the company would attempt to charge me for the months following the closing - after they were unable to collect from the douchebag who
    ACTUALLY owes the money - on the basis that you knowingly obtained a "valuable service" from them but did not pay for it.

    I would advise them to write a letter to the company specifically stating that you have attempted to contact them to cancel the service but were refused assistance because the contract was not in your name.  I would also have them state that they were told by the contract holder that he had no intention of paying and provide them with any forwarding information you have that will assist them in locating him and resolving the issue.

    I would then have them EXPRESSLY state that you do NOT want the service, do not consider it to be of any benefit to you, and wish to have the service removed immediately.  I would finally have them state that under NO conditions do they consider themselves bound to pay for the service due to the aforementioned (gotta love how lawyers talk!) reasons.

    I would have them send the letter via certified mail, return receipt requested, and hold onto both a copy and the return receipt in case the alarm company comes after them.  Then they could show the judge that they did everything in their power to resolve the issue and so owe nothing.  It may seem like a pain in the a$$ but, on the off chance that you get sued, the 45 minutes you spend on this will be well worth it.

    But again, this is just what I would tell a client in MD or PA.  Canada is Greek to me!  Smile

  • In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_re-sale-home-issue-lawyer-ladies-out-there?plckFindPostKey=Cat:Wedding%20BoardsForum:9Discussion:363589dd-666a-414a-bdd4-0267c6435d64Post:42b79f2c-b56f-485b-b51e-9ecb3a319dd1">Re: Re-sale home issue. Any lawyer ladies out there?</a>:
    [QUOTE]This is not legal advice as I know absolutely nothing about Canadian law.  However, if a client came to me in the states where I practice (MD and PA) I would be concerned that the company would attempt to charge me for the months following the closing - after they were unable to collect from the douchebag who ACTUALLY owes the money - on the basis that you knowingly obtained a "valuable service" from them but did not pay for it. I would advise them to write a letter to the company specifically stating that you have attempted to contact them to cancel the service but were refused assistance because the contract was not in your name.  I would also have them state that they were told by the contract holder that he had no intention of paying and provide them with any forwarding information you have that will assist them in locating him and resolving the issue. I would then have them EXPRESSLY state that you do NOT want the service, do not consider it to be of any benefit to you, and wish to have the service removed immediately.  I would finally have them state that under NO conditions do they consider themselves bound to pay for the service due to the aforementioned (gotta love how lawyers talk!) reasons. I would have them send the letter via certified mail, return receipt requested, and hold onto both a copy and the return receipt in case the alarm company comes after them.  Then they could show the judge that they did everything in their power to resolve the issue and so owe nothing.  It may seem like a pain in the a$$ but, on the off chance that you get sued, the 45 minutes you spend on this will be well worth it. But again, this is just what I would tell a client in MD or PA.  Canada is Greek to me! 
    Posted by manychihuahuas[/QUOTE]<div>
    </div><div>Wow, this is awesome. Thank you. I'm doing this tomorrow.

    </div>
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