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It's pretty vague with regards to this particular object. However, here are a few things that caught my eye:
So, after reading that list my opinion is that I don't think it's favorable for you but I defer to your local agents more familiar with local customs and/or attorneys offering a legal opinion, which mine is not.
I don't think it's favorable because it mentions so many specific items but doesn't include a line similar to our contract that has "Such as but not limited to" these items. Your contract makes me appreciate our contract even more, which was written by collaboration with real estate agents and attorneys.
Are you or your husband a lawyer? Do you know or understand that law that defines personal property and real property? It sounds like maybe you need to become familiar with it before jumping to hasty conclusions about what is and what isn't.
If you install new cabinets in your home, do you think those just automatically go with you as well? What about a new high end toilet? Are you going to take that with you? Do you think that when you sell a house, that you can simply strip it down to the bare walls and sell it as is after you've shown it with all these items?
Again, it was their property and you and your realtor made an assumption. You're the one buying it, you specify the parameters of your offer. Otherwise it's their discretion unless it is literally a permanent and base functional unit of the home.
A better way to frame it is to ask yourself if removal would constitute defacing or vandalizing the property, such as removing a faucet, toilet, or door. Screw holes aren't considered defacing. If it doesn't pass that test it's very likely something that the person will take with them unless they specify they're leaving it in the fairly exhaustive disclosure list.
You're wrong on this one.
And you noticed it during the walk through and didn't address it then.
Why are you jumping to the cat tree? Because it's the most abnormal thing that I listed and makes my case seem even more absurd?
Why don't you stick to the mounted dresser that was bolted to the wall, which I stated in the OP was the only thing that I really cared about, and is far more of a normal fixture in any household.
If you "really cared" about it, you should have listed it in the contract or made mention of it at the walk through.
Agree with this. Most people don't have a dresser permanently affixed to a wall, or some type of cat thing. If you are buying a property that has something unusual like that, it behooves you to specifically ask about it, if you want the purchase to include it.
And by the way, I am a contracts attorney - not specifically real estate but contracts are contracts and when something is important, you can be damn sure I have it explicitly spelled out in the contract before I let my clients sign.
Many people have dressers, bookcases, etc. "affixed" to the wall for safety reasons, not because they have made it a fixture of the home. Your personal definition of "bolted" doesn't automatically match the definition of the sellers - which goes back to it being something you and your agent should have asked about rather than assumed. A piece of furniture is different than lighting fixtures, cabinets, a bathroom vanity, drapery rods and some other items that have, over the course of time, become reasonably understood to convey (at least in most markets). Your assumption that the dresser would convey was not a universally understood assumption.
Yup. I make stained glass windows. When I sell a house I make CERTAIN that it is spelled out that they don't stay with the house. They aren't permanently attached in many cases, but they're important to me. So I make sure and address it. I never "assume" that the buyer thinks they'll be staying.
And you noticed it during the walk through and didn't address it then.
Before jumping to conclusions of your own, read through the thread. I addressed this already up thread. We closed a week prior to them moving out due to a post occupancy agreement. The dresser was still on the wall during the walk through.
I work in a compliance/regulatory setting, but I am not a practicing attorney. I've only pointed out the laws as they are stated. I never claimed being right or wrong. That is what I was pointing out earlier. Unless you're a practicing lawyer with experience this in particular, then you can't really say, with certainy, whether anyone is right or wrong here. You can express your opinions and that's about it.
This was mounted to the wall by several bolts, not just a stability strip.
Which served the same purpose. And looks like a dresser, which would not be considered permanent to me, unless I attempted to move it and found out I could not. In which case I would ask if it stayed or went.
Looks like a piece of furniture to me. Since it's hung instead of freestanding then it may very well require bolting to hold it and its contents up. And there are a lot furniture now that can be wall mounted and require bolting to hold it up securely (entertainment centers, bed headboards..etc). So just because they require bolting it now makes them fixtures?
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