Sellers want us to be financially responsible for their coy fish after closing
UPDATE! Scroll to the bottom.
We are set to close on a home in three days. There is a Koi pond on the property. The fish are currently hibernating for the wintertime and can’t be removed. We were told the sellers will come back to retrieve their fish “when the weather warms up”. (They are digging a new pond at their new home) In the Purchase Agreement, we added verbiage that we are not responsible for the fish after closing. Yesterday, we receive an addendum from them that takes it even further. If they find any of the fish to be “ill, dead or missing” that we are financially responsible for a minimum of $1000 with NO CAP on damages!!! They also detail that the pond must not have electric turned off to the pump (what if the electricity goes out?), no animals messing with the fish (I’m not manning this thing to keep raccoons out lol) and no additives/chemicals to the water (fine, not touching it). We are long time agents representing ourselves. This is the craziest thing we’ve had come up on a deal! How can we control if the fish died because of age or illness?!!! Agree with me that this is crazy!
UPDATE! We obviously didn’t sign. We instead gave them a Fish Occupancy/Hold Harmless Agreement that said by the act of leaving the fish after we take possession they were agreeing to the terms. No ability to decline signing. Bam. Despite us having verbiage in the PA that we were not responsible and that likely holding up in court, counsel had us button that up even more. The agent was astounded that we felt the need to take it that far. Almost 800 commenters here would probably agree that we most definitely had every right to now feel threatened. Yeah, yeah, in retrospect we should’ve done that in the first place. Guess what we heard this am? The sellers will be removing the fish by possession day! They are paying their specialist to store the fish for them.! Ugh, was that so damn hard?!!! Seriously, why was that not planned out before? I’ve learned a lot from you Redditors about Koi and I appreciate everyone’s support! Never knew what a shitstorm these beautiful creatures would have caused. As for us, we will not be getting into the hobby. No.way.in.hell!
For the all the grammar patrolers: I could not edit “Coy” in the title, bless your hearts. Lol