Legal Question in Real Estate Law in California

Buying a home

In the state of California is it legal to sell a house with no stove?


Asked on 8/18/07, 7:09 pm

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Buying a home

As far as being a tenant, it is not legal. However, there is no law against selling a home without a stove.

It would be illegal if a stove or range was a fixture, i.e. bolted to the floor, and seller removed it prior to transfer of title.

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Answered on 8/19/07, 4:13 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Buying a home

A seller has a duty to disclose a defect that renders the property uninhabitable under local building or housing codes, for example: there is no working stove and the property therefore lacks required food preparation facilities. Smart buyers get home inspections to discover such things before escrow closes.

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Answered on 8/18/07, 8:11 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Buying a home

I would say it is legal to sell a house without a stove.

There is a seller's disclosure form required by Civil Code section 1102.6 in most (but not all) residential property sales. It is called REAL ESTATE TRANSFER DISCLOSURE STATEMENT. It has a checklist of items that the property may, or may not, have. The very first of these is "range." There are many other things on the checklist. Its purpose is to point out both obvious and not-so-obvious facts about the house, known to the seller but possibly overlooked by the buyer. I'd say the seller's obligations with respect to stoves are discharged by checking the box, or not checking it.

Maybe you are wondering if a seller may remove the stove when vacating the house. If the seller checked the "range" box, the range stays. It also stays if it is built in. I think if the box is NOT checked and the stove or range is "loose" and not a built-in, the seller could take it with him.

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Answered on 8/19/07, 1:01 am


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