But, he must still maintain his debt payments for the items. He had no rental agreement with the water company. It was a purchase agreement for the purchase of the water heater and furnace.

November 2015.  


Dear Madam or Sir:

With respect to your various issues, the data information sheet concerns rented or leased to own property. My client was not renting or leasing to own any equipment.  He financed the purchase of a water heater and a furnace with Vista Credit that is quite like the finance purchase of the same equipment with Home Depot.   It was a credit purchase; not a lease. He had a regular, standard finance agreement to purchase appliances and/or the hot water heater.  Although financed, Mr. Iguana remains liable to pay his debt to Home Depot or Vista credit for any chattels purchased on credit and that remained in the home as part of the sale. These chattels may have included appliances or furnaces. Whether or not he sells the home, it is his credit a/c. The a/c with  the finance company remains open regardless of the sale and regardless of whether or not Mr. Iguana includes the appliances or furnaces in the sale.  He could have taken it with him since it is a chattel that he purchased on a consumer purchase finance agreement and not an item being leased or rented.  It did not need to be disclosed in the contract in the putative ares of dispute.  It was included in the section concerning chattels if at all.  It is much like a fireplace mantel that may have been mentioned in the contract as a chattel or it may not have been. If he left it behind as an included chattel whether or not he mentioned it specifically as an exclusion,  then it is included in the sale and was, therefore, certainly a part of the sale much like a stove hood fan.   But, this may be too simple for you to accept although it is the correct answer and you want to argue.    He included the furnace and water heater in the sale. But, he must still maintain his debt payments for the items. He had no rental agreement with the water company. It was a purchase agreement for the purchase of the water heater and furnace.  It could not be assumed under the contract. It was much like the purchase of a fridge and dishwasher.     It is Mr.  Iguana's  debt on the finance agreement and he should continue to pay the debt accordingly.  It remains with him following the sale. He was required to update his address with the finance company and to maintain his payments. Mind you, he could have paid off the debt to the Vista Credit company before he listed his home for sale.  It is not clear why he wishes to renege on his debt to Vista credit for the purchase of the equipment.  This is not a Real estate question and Mr. Iguana did disclose the information correctly on the data sheet; that no equipment was rented or leased to own.  In the alternative, he could have paid off the equipment credit debt owed to Vista Credit following the sale. If he included Best Buy or Sears Appliances/furnaces purchased on credit as chattels in the sale of the home, he could not expect the new owner or anyone else to pay off his debt.  The balance of the Vista credit card account remains with the seller and payable by him as the debt debtor and contracting party with Vista in the same manner as he would still have to pay any Sears card balance for a furnace purchased and left in the home he sold to any buyer in good faith.  The real estate firm is not responsible for this and nor are they ever responsible for chattel debts on finance agreements when homes are sold.  This is simple and pure contractual analysis in Hyderabad or in any part of the world regardless of whether you were given your credentials as an airline pilot or  as a Master chief in a Halo video game.


Should you have any questions, please do not hesitate contact me.

http://www.chci.ca/Vista_Loan_Program_Contract_CHCI.pdf

Warren A. Lyon, Consultant wrote this article.  The remainder is social commentary on the realities of self-deleterious community in that part of the world and it's negative self perceptions.

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