Fast- Need Hot Water Heater Help

   / Fast- Need Hot Water Heater Help #1  

rox

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Aug 26, 2004
Messages
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Salon De Provence - France
We are selling my husband's restaurant becaue the guy we sold it to quit paying and closed the doors. So we have it back. I have a thread on this in Related Topics so I won't repeat everything here. It looks like we have it sold but we come to find out that possibly the water heater was replaced by a leased unit. I am hoping that someone here can tell me how much a Rheme 72 gallon commercial Hot Water Heater costs. You have to have a commercial grade hot water heater in a restaurant, just the home owner models are not sufficient.

We have a very good plumber but he is so busy with the Wisconsin cold weather that he just isn't getting back to me with prices. I even had our attorney call him, geesh. If you could give me any information on the cost of a 72 gallong Rheme commercial hot water heater I would be most gratefull.
 
   / Fast- Need Hot Water Heater Help
  • Thread Starter
#3  
Chuck, thanks a LOT. I just e-mailed that link to our attorney. Ours is a tank model G72-250 so it looks like it is pretty expensive. I never even searched the internet for prices as I didn't think anyone would have a price out there for a commericail HWH. I have been agonizing over this unknown cost all week. Many many thanks.
 
   / Fast- Need Hot Water Heater Help #5  
Where is this water heater located? If the water heater is a fixture and is installed on real estate without a stipulation by the real estate owner that it is to remain removable personal property, it becomes part of the real estate. If notice of the lease relationship is not perfected by a filing in the real estate records or in the UCC records prior to the time that another person acquires title to the underlying real estate, the lessor of the water heater loses title.

A fixture is an item of personal property that is so affixed to the underlying real estate that it becomes part of the underlying real estate.

Used commercial water heaters may not have any resale value depending upon whether local codes will allow them to be reinstalled. Some will not reinstall them anyway because of products liability fears.

The difference between a residential water heater and a commercial water heater is that the commercial version must be built to ASME standards by certified welders using approved materials.

If the lessor perfected its rights to retain the water heater, they probably don't want to yank it out and have to throw it away.
 
   / Fast- Need Hot Water Heater Help #6  
Can you buy out the lease and keep the heater, might be a less costly solution.
 
   / Fast- Need Hot Water Heater Help #8  
check with your attorney first, but my argument to the lessor would be something like this.

You had a land sales contract in which you retained rights to the property if you were not paid. Your rights were perfected by the appropriate filing in the real estate records. The claimed water heater lessor did not obtain your prior consent to install the water heater on a lease basis. Their subsequent filing of a UCC can't retroactively convert an improvement to real estate in which you had retained rights by proper filings in your local real estate filings office back into their personal property that can be removed. They knew they were taking this risk when they installed the water heater without following the correct procedures on the front end.

If they now want the water heater, they cannot come on your property to remove it without a court order. They have the burden of proving that they have rights superior to yours to this water heater.

Even if they win the rights to a court order to remove the water heater, they have to pay the costs of removal and the odds are that it cannot be reused elsewhere because of codes and because of the likelihood of it being damaged in the move. It's a commercial water heater that probably requires a permit for installation, and either the plumbing inspector or the boiler inspector should red tag the reinstallation of a used water heater.

Most customers aren't going to foot the bill to install a used water heater not knowing what life expectancy it has left and not having a warranty and not even knowing if it is still safe to use.

The lessor has already received $xxxx of rent money for the heater which may (or may not) have paid their costs of the heater with some profit to them.

But if they want to compromise rather than take their chances, you'll give them a couple of hundred dollars you'd have to pay your attorney to go to court if it is still a useable heater in working condition.

I don't think they'll accept olive oil. :D
 
   / Fast- Need Hot Water Heater Help #9  
The difference between a residential water heater and a commercial water heater is that the commercial version must be built to ASME standards by certified welders using approved materials.



There are many reasons to have commerical for a resturant( including the temp. of the water) the reason you listed isn't 1 of them (that I'am aware of ) ( at least not here)
 
   / Fast- Need Hot Water Heater Help #10  
rox,

We now own a restaurant too and believe me, I am very well aware of having to take back a restaurant property from someone who stops paying etc. and then all the possible follow up problems such as you are describing. Buying that water heater from whoever it was leased from is an excellent idea and direction to take if you don't act like you really want it. Afterall, it's not like it's the dishwasher or other inside restaurant equipment. The lesser probably can't remove it, store it, and reinstall in a new place in an economically feasible way for them. I'd give it a good shot before trying to buy a new one, IF it's in pretty new condition and not too old itself.
 

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