Hi Carla,

Appliances are considered personal property, if it was not specifically written in the contract to be included in the sale, then the seller can remove it. Anything that is a fixture to the property stays.

Hope that clarifies it for you. All the best and good luck.

Dawn Welch

Hi Carla,

These items are generally considered personal property, unless they were specifically written into your contract to be included in the sales price. Absent of that inclusion statement, these items remain personal property.

Best,
Yona Bello

These are considered personal items and not included unless something in writing stating included.

Carla,

Typically, these items stay with the home upon closing of the sale unless other wise specified in the contract.

Hi Carla,
I agree with Ray.. those items should have been written in your contract explictly because anything movable can be taken out by the sellers including plants and some will even take , light fixtures. See if you can work something out with him. Good Luck.
Laarni

Carla,
The way that a judge is going to look at a situation like this is to use a test called MARIA. This is what it means:
M – Method of attachment. Will the removal of the item destroy or severely damage the structure? How is it attached to the building or land?
A – Adaptability. Was the item made for this particular use and customized o fit in the current place? An entertainment center that is custom made to fit in a unique wall space that could not easily be adapted for another wall or home.
R – Relationship. Is it a tenant/landlord relationship? A tenant who put in a ceiling fan would not be expected to leave the fan, but rather put the old fixture back.
I – Intent. What was the intent when the item was placed in service?
A – Agreement. What was n the written agreement? This trumps all.

The answers you have received stating that certain things are customary in a particular area would normally suffice, however, if you have a problem situation it is usually not adequate to assume anything. That is why you need to spell everything out. You should review your contract and speak to your Realtor and attorney.

The MARIA test is a good guide for the future, but in this case I would look to the agreement first and then work your way up the list to help establish who gets what. Feel free to contact me if you need a referral for an attorney.

Good Luck,

Ray

Hello Carla. The appliances are generally personal property that the seller can take with them. The overhead lighting you refer to is not considered personal property if it is attached to a wall or ceiling, which I assume it is, and is considered part of the real property. The exception is if the overhead lightling is listed as an exclusion in the Residential Income Propertly Purchase Agreement under paragraph 13. Check your contract and you may want to consult with your realtor and possibly an attorney. Best of luck with this difficult situation.

Generally, appliances are considered personal property and unless stated in the purchase agreement they belong to the tenant. Items that are attached stay with the unit i.e. curtain rods, overhead light fixtures, sconces, shower heads etc.

Did you recieve an estopple certificate for all of the units including that of the previous owner? This is the instrument used to verify the rent, security deposit, rent consessions and personal property that belong to the tennat.

Escrow would need this information to prorate the rent as of the date of closing and to transter the security deposit from the seller's account to yours.This is the normal business practice for multi-unit buildings.

Hope this helps.

Well, not necessarily but recently that has been the trend. It is possible that your tenant purchased those appliances. In that case they are his personal property and he should be allowed to take them.

Carla
During the past three years have you contacted a lawyer?
In terms of the sale what appliances convey with the units are stipulated (nornally)
Any thing attached to the unit is considered to convey with it:L
Drapes, a range, toilets, sinks, light fixtures.

Refrigerator, Washer, and dryer...they should be stipulated. You should discuss this with your agent. If the dryer is attached to a gas line, you might have a case. The refrigerator normally is not part of the sale, (meaning that the owner takes it), same with the washer and dryer.

but the bottom line is what is in the contract.

Call my friend Igor - he's in LA, he can tell you the standard practice locally. My opinion, based on general RE practices - lighting is yours, washer/dryer are not, refrigerator varies locally - in the East, it stays, in the mid west it does not, and I have no idea about LA.

Igor Korosec
Office: 310-499-1305 Fax: 866-372-2352
Web: http://www.BestHollywoodHomes.com

DISCLAIMER: Not seeing the contract my comment is based on "general rule"

Overhead lighting cant remove it is attached to the property. In most sales the kitchen appliances dishwasher, stove convey with the property. Ref., washer & dryer are considered to be personal property they are not attached usually taken by the seller.

Contact your realtor who assisted you in purchasing the property.
http://www.lynn911.com http://www.homes-for-sale-dallas.com