Legal Question in Real Estate Law in Montana
property after the sale of house
We purchase house in April 2001. The previous owner stated in contract that he wanted the body shop equip. In August he shows up ready to collect his stuff. Now he wants the lights that are installed in the garages (2). We said no -perhaps in Sept. We just heard from him today (1/3/02) and he wants the lights now. 1- are lights ''body shop equip'' and 2- is there a reasonable time frame to expect that he no longer wants the lights.
2 Answers from Attorneys
Re: property after the sale of house
The real issue is whether the lights are "fixtures" or not. Fixtures are those items that are attached to the property and cannot be removed without damage to the property. A second issue, as you have identified, is whether or not the lights are included in the body shop equipment. If the lights can be removed without too much damage and they were used in the body shop, I would say that he has a claim to them. I am not aware of any specific time frame for him to be required to pick the stuff up. He would be limited as to what was reasonable.
Re: property after the sale of house
I agree with Mr Oliver about whether the lights are fixtures or not and as you posed the question, I would say they are and would not be removeable. I also do not understand how lights installed in the garage would be "body shop equipment" which, to me, are things more like tools, equipment and not installed light fixtures. So I would tend to agree that your position is stronger than the seller's.
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