Legal Question in Real Estate Law in Pennsylvania

appliances

My girlfriend purchased the appliances for my new house. (She has no stake in the house at all. Its only in my name)I payed to have them installed. Needless to say, we broke up and she wants to uninsall the appliances insead of allowing me to pay her back, 100%, for them. Is there any legal way I can force her to let me pay her for them instead of possibly wrecking the kitchen to unistall them?


Asked on 10/19/08, 10:23 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: appliances

You asked about the petty dealings of a breakup.

Good for you for offering to pay. That's the only way to go.

Needless to say her claim doesn't have anything to do with the actual appliances. It's an emotional response to the breakup.

Even though the appliances are personal property they became part of the home when attached. It is arguable and conceded that they were not gifts. But, such personal property is fungible nor is it unique.

In legal circumstances there are only two types of remedy, legal and equitable. In most circumstances damage can be measured by money and that is the most fair way to compensate an injured party. In few cases the res (the subject property) of the matter is unique and the law must come up with a solution that treats the specific res of the matter. This is always applied in real estate and often applied to particular personal property or personal performance claims.

Here, there is no uniqueness to the res of the matter. The appliances weren't handed down through the family. You could walk out to any store and buy the same or substantially similar appliances today.

She cannot win on such a claim. Write her a check for the full amount. Remind her of the good times you had. Wish her the best for the future.

Regards,

Roger

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Answered on 10/19/08, 11:22 am


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