Legal Question in Real Estate Law in California
Seller took Attached Property
We bought a house and closed on a house, but after closing the seller took several items that were latched onto the house such as items of closet, carpet in closet, a mirror in the bathroom and caused damage to the wall. The items were worth in the thousands. Can we pursue and is it worth to pursue? We had a real estate agent that didn't let us know what's happening and hasn't called us regarding the issue. Thanks!
3 Answers from Attorneys
Re: Seller took Attached Property
If your agreement is similar to most, it defines the property to include all things attached to it, sometimes even specifying carpeting, mirrors, etc. If so, you may file a small claims case against the seller for damages not exceeding $7,500.
Re: Seller took Attached Property
It depends on whether the items were attached ("fixtures") or not. Sounds like most of these things were probably fixtures. However, if the sales contract says they can take them, then they get to keep them. Otherwise you could bring an action against the sellers. Unless these items are extremely valuable (over $7500) small claims is the best route.
Re: Seller took Attached Property
Those items are fixtures and come with the house, unless the contract specifically excluded those items. After closing, the seller had no right to access the house. The seller would be liable for trespass and damage to property, which comes with a very serious punishment under the law.
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