Legal Question in Wills and Trusts in Ohio

Barns Removal

My father in law passed away, his deed was transfer on death to his 3 children, sold contents thru aution and *Dave* bought salvage rights for scrap in barns, he suggested taking them down offered a price we give him date we needed completed by for house auction, was not done by date, we never signed anything and all owners didnt agree, he never sent bill, house sold $ disbursed, 90 days letter he wants to bill us? Do we have to pay! What can happen?


Asked on 12/07/05, 12:44 pm

1 Answer from Attorneys

Re: Barns Removal

Your question is not quite clear. It is necessary to make several assumptions to answer it. It appears that Dave bought salvage rights for the barns at an auction. I assume he paid for them at the auction. Then I assume he gave you a price to take them down completely, and you would have had to pay him to take them down (and he would keep the materials). It sounds like the date you needed it done by was not met, which in this case was a material part of your contract since you were selling the house. Assuming that he did not perform on the required date, then you would not owe him any money for the barn demolition. As to whether he is entitled to a refund of any money paid for salvage rights is another question. Since he knew the date he would have had to perform, he probably is not entitled to a refund either but that answer would be subject to research. If these assumptions were wrong, you should resubmit a question with more facts.

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Answered on 12/07/05, 2:13 pm


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