Legal Question in Real Estate Law in New Jersey

''Swingset''

Looking at a residental home to purchase the seller offered me the swingset that I accepted and was part of my offer to purchase.

The swingset was not listed in the contract at all, just three fixtures under ''EXCLUDED''. The swingset attached to the ground and would cost between $500 - $900 to remove. We closed on the house prior to the walklthrough but put money in escrow. At the walkthrough subsequently the swingset was gone. We are in a lawsuit for this item plus other items. My question is am I legally entiteled to be refunded for this swingset?

Is this swingset considered a built in?

Thanks for your help!


Asked on 3/09/04, 4:45 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: ''Swingset''

Tough call, as it is removable without causing damage. If you have anything in writing to verify the agreement that it was to be included, you are entitled to it. Was this covered as part of the attorney review and included in any letters between the attorneys? If so, you can claim the value for replacement. If not in writing, you may have a problem unless the seller agrees it was to have been included.

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Answered on 3/11/04, 10:50 am


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