can a seller remove the built in appliances stove,hood,ovens and resell to the buyers legally?

Asked by gutierrezjorl, Hollister, CA Fri Jul 20, 2012

can a seller remove the built in appliances stove,hood,ovens and resell to the buyers legally

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Ron Thomas, Agent, Fresno, CA
Fri Jul 20, 2012
The way that California looks at this;
Anything that is ATTACHED is considered part of the house, not personal property.

In some circumstances, you could EXCLUDE an item from the sale;
It is often done for Curtains and Rods, as well as Ceiling Fan/Lights.

If my Client wanted to remove the Stove, Hood and Oven; I would not take the Listing:
I cannot imagine trying to sell a home like that, and the reflection on the Seller and the Listing Agent would be embarrassing. What would you tell potential Buyers?
This would not be a Seller that I would be proud to represent.

When a house is being foreclosed, and the Seller accepts Cash-for-Keys, they are required to sign a contract that they will not do this exact thing to the house. They will forfeit the money if they do.

And if a Seller did not have that EXCLUSION in the Contract, and they stripped the house; they could very likely be arrested for Grand Theft; and rightly so.
0 votes
Cindy Davis, Agent, San Diego, CA
Fri Jul 20, 2012
It is certainly legal if it is stated in the purchase contract. If however, the appliances are IN the purchase contract, they can't then decide to take them out. Hope that helps.
0 votes
Shanna Rogers, Agent, Murrieta, CA
Fri Jul 20, 2012
Hi gutierrezjorl,

The built in appliances are considered to be part of the property and convey to the buyer when escrow closes. Unless, of course, it is stated in the purchase contract that the built in appliances do not convey to the new owner and all parties have signed the purchase contract stating that.

Shanna Rogers
SR Realty
http://www.RealtyBySR.com
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