Tallahassee, FL asked in Energy, Oil and Gas, Small Claims, Contracts and Real Estate Law for Florida

Q: I bought a house with propane on the property included, but they sold the gas back to a company. Can I seek recourse?

In February of this year I bought a house, and the sellers had a line in the contract that said "$200 owed for propane gas on premises." They told me that they were selling me this propane for this price when I bought the house. However, after I went through with the contract, they did a rebate program with the company that supplied the gas, and essentially got paid twice (once from me, once from the company when they refunded) for this propane.

Can I go to small claims court over this? According to the company, they were supposed to send a letter saying they did not want the rebate for the gas, but they basically acted like they didn't sell it to me at all. Since it's in the purchase contract for the house when they sold it to me, I paid for the propane that was on the premises, but they sold it back to the gas company, making me pay twice. The only thing mentioned in the contract about the propane is what I quoted at the beginning, I'm worried it's not enough.

1 Lawyer Answer
Andy Wayne Williamson
Andy Wayne Williamson
  • MIramar Beach, FL
  • Licensed in Florida

A: Yes, the facts as you describe sound viable for a small claims action.

Good luck.

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