Legal Question in Real Estate Law in Nevada

appliances put in by mistake

A washer, dryer and refrigerator were installed in my brand new home by mistake from the builder. It has been there a while and was still there for the final walkthru. We closed, we have the only key and now they want to remove it. My realtor says I should keep it. Who is right? I really need an answer today. My appliances that I had ordered from Sears are due to be delivered this Friday, so I need to know if I have to cancel them or not. Thank you so much.


Asked on 6/27/07, 5:29 am

2 Answers from Attorneys

Johm Smith tom's

Re: appliances put in by mistake

Sounds like you need a legal opinion because you could open yourself to civil and criminal liability if you do the wrong thing. Our NV attorney is experienced in real estate law, which is probably what will decide this question. Normally you have no right to keep what you got by mistake, but because they were in the house at closing you may have the right to keep them. NanceGroup.com

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Answered on 6/27/07, 9:01 am
Adam Breeden Breeden & Herbe, Ltd.

Re: appliances put in by mistake

It sounds to me like you have a good argument that the appliances are yours. You should consult your written contracts and I would like to know exactly what you knew before closing, but large appliances can be considered attachments to the property. It seems even more likely that they are attachments that sell with the property in this case since it was a new home.

The best way to deal with this might be to have my firm write a letter on your behalf if you get threatened with a law suit. They may just abandon the matter if you present good arguments and it is expensive for them to pursue. Contact me if you are interested in a letter being written. I would charge you $100.

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Answered on 6/27/07, 4:56 pm


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