Legal Question in Real Estate Law in Florida

Good afternoon. My wife and I recently sold a home and have vacated the premises as of today. During the process of moving, the new owners informed me that I was not allowed to take a hanging staghorn plant in the front yard because it was "part of what they purchased". The plant is a large staghorn and was hanging from an oak tree limb with on a rope. I told them we never discussed this plant as remaining with the property and that it belonged to my grandfather. I asked my real estate broker and she believes the plant is personal property and I had the right to take it. I did take the plant and now the new owners are insisting that I return the plant. I need someone to tell me if I have the right to this plant and should stand my ground or if it does belong to the new owners. This plant was not mentioned anytime during negotiations and is not listed in the AS IS contract as transferring. If my explanation leaves any questions, please feel free to call me for more information.

James Cromer

239-209-1150


Asked on 12/19/16, 1:08 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

In all likelihood the plant is personal property and not connected with the property. your contract, however, controls and would need to be reviewed by an attorney to be sure. the time to have resolved this would have been prior to the closing.

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Answered on 12/19/16, 1:18 pm


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