Legal Question in Real Estate Law in California

Removal of property from home just purchased

Just purchased a home, when escrowed closed I discovered the following had been removed by seller:

-Hot tub from deck (no harm to deck)

-Rose bushes from back yard

-ceiling fan and decortive light, they replaced with inexpensive light fixture

-Book selves from den

-garge door opener & remote control

-livingroom window coverings

Thesse were in place when I purchased the home,never discussd them taking them


Asked on 10/20/01, 8:20 pm

2 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Removal of property from home just purchased

Everything depends on your purchase agreement and escrow instructions. I would be happy to review these without charge. Please fax these to me at 714 363-0220 if you want assistence.

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Answered on 12/09/01, 3:55 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Removal of property from home just purchased

Many, but not necessarily all, of these items should have stayed in the house. In some cases it might depend upon the extent to which the items were installed rather than 'loose.' The first think I would do is contact the real estate agents and brokers involved and ask them to assist you in getting the items returned or cash compensation. If that doesn't work you may have to sue in small claims. Gather and preserve evidence (photos, etc.). I assume escrow has closed and there is no ongoing relationship between you and the seller such as a carry-back of paper. Otherwise you may have additional ways to get compensated.

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Answered on 11/23/01, 6:14 pm


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