What to do if we recently purchased a second home and when we took possession a large shed had been removed from the property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if we recently purchased a second home and when we took possession a large shed had been removed from the property?
While the shed was not listed in the contract, after calling the agent she said it was in the “specification sheet” which we never received. The MLS listing on line does not specifically exclude the shed either.
Asked on May 26, 2012 under Real Estate Law, Michigan
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 11 years ago | Contributor
Typically, in any "buyer's agreement", the agreement should state exactly the items the buyer and seller have agreed that will remain with the home after closing (i.e. stove, furniture, shed, etc). This issue with the Shed is whether or not it will be considered a "fixture" to the home. If it was not specified in the agreement to stay with the home, then technically the sellers have a right to take it with them, give it away, sell it, etc., because it belongs to them and not the buyers. If however it is considered a fixture (an item that is fixed or physically attached to the land or home such as a garage or an item that you would have to deconstruct to remove it), then you may have a claim that it was a fixture and should have remained with the home. I would not rely on the MLS listing but rather the body and language of your buyer's agreement.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.