Legal Question in Real Estate Law in California
RPA-CA Page 3 of 8 - Our stuff!!!!
Yesterday, we were having our ''final walk-through''. We have 80% of our home packed up, ready to go. The buyers agent asked us where our shelves were and we told her we packed them, why? And she demanded we put them back on the wall. We were shocked. She said that anything on the walls that is fixed with a screw, is her buyers and they are going to pull out of Escrow unless we give them our shelves or $500 credit. We feel as if we are being robbed and abused. They were our $10.00 shelves from Target. Is she insane?
Does she have this right? Please help.
2 Answers from Attorneys
Re: RPA-CA Page 3 of 8 - Our stuff!!!!
She has the right, and is not insane.
A "fixture" is any item attached to the real property, such as nailed, bolted, screwed, etc. and for centuries (since the early days of English Common law going back to the Magna Carta in 1215 A.D.) and it goes with the property when it is sold.
You are neither "robbed" nor abused. The fact that they were $10.00 shelves is immaterial.
Reattach the shelves!
Re: RPA-CA Page 3 of 8 - Our stuff!!!!
Mr. Bennett is right. Save yourself more than $500.00 by avoiding costly mediation and litigation when she backs out of a deal because you want the shelves.
This way, you only lose 10 bucks when you go back to Walmart and buy the same shelves again.
Very truly yours,
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