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Fixtures means affixed. Of course shelves that are affixed to the wall are sold with the building! Take pictures of the damage, and ask for money back towards the value of the shelves, and the cost of repairing and repainting that wall, and if the paint cannot be matched, the entire room. Get your agent to handle it. If they don't respond, sue them in small claims court. They knew what they were doing, but even if they didn't realize it, it doesn't protect them against having to pay for the damage.
I'm curious were you not able to do a home walkthru before closing, on the way to closing, with the seller's things all gone, in order to address your issues at closing?
The fair market value of used appliance manuals is zero, and used decorative shelves are worth about $20. That's what the court *might* give. The value of the missing shelves.
In our market if it is attached to the wall it is a fixture.
In SC, the definition of a fixture is a good that has become so related to a property that it becomes part of the real property. This is up to negotiation and can be a point of contention.
That's why, if you read my posts, it's best to have any wants as a buyer in writing. If my buyer said, I like those decorative shelves, I'm writing that the shelves come with the home at closing in the contract.
The law is a bit vague on what constitutes a fixture and what doesn't. But I can assure you that if it goes to court and it's not in writing on a contract, you're odds are probably no more than 50/50 that you win a judgement for those shelves...
So finally closing happened and I was able to get into my home. However, Seller took some fixtures (decorative shelves) with them, leaving holes in the walls, some of which were plugged and painted but are clearly visible.
I did not get the physical key for the main door smart lock but do have the code so I can enter the home. They did not leave me the owners manuals/warranty documents of the appliances - Refrigerator/Over/Microwave. The home is pretty new so these appliances would still be under warranty for sure. What options do I have to sort these out ? Unfortunately, we could not address all these issues at the time of final walkthrough as seller still had all their stuff lying around. My agent is trying to reach out to seller's agent but not getting any response.
Did you take photos during your final walk through?
Take photos of the damage now.
Start building your case...
So let me ask you this, what's the difference between attached decorative shelves and an attached television? Both are screwed into the wall, both leave holes once moved...
You would be wrong in Texas. Here's what our contract says conveys unless specified otherwise (it doesn't show here but on the actual contract "permanently installed and built-in items" is bolded - basically, anything that leaves a hole if it is removed is considered to convey):
" The house, garage and all other fixtures and improvements attached to the above-described real property, including without limitation, the following permanently installed and built-in items,if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas, mounts and brackets for televisions and speakers, heating and air-conditioning units, security and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and attached to the above described real property."
The following described related accessories, if any: window air conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, door keys, mailbox keys, above ground pool, swimming pool equipment and maintenance accessories, artificial fireplace logs, and controls for: (i) garage doors, (ii) entry gates, and (iii) other improvements and accessories.
D.EXCLUSIONS: The following improvements and accessories will be retained by Seller and must be removed prior to delivery of possession:."
Change locks immediately then have your lawyer try to help.
You might get what you want. You might get screwed.
I agree about changing the locks. As far as getting a lawyer involved, my guess is it's not worth it (time, effort and expense). Live and learn, and move on.
Sellers were kinda jerks for removing the shelves since there's no way to remove such things without leaving at least some wall damage behind (or, if they were really *not* jerks, they would've had the wall patched and painted). Sellers should have specified in the contract if the shelves were not going to convey, if for no other reason than to make things crystal clear. In a recent (unsuccessful) negotiation we were in (also in Indiana like the OP), the sellers specified that the drapes and valances were not included in the sale, but that they'd leave the (crappy) window blinds.
Thanks for posting, though. Those of us who are currently house-hunting might benefit from your experience.
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