Legal Question in Real Estate Law in New York
Chandeliers Stolen After Closing
Lighting fixtures that the seller stored in the garage in order to paint a house that my wife and I purchased were removed by the seller on the day AFTER we closed.
Specific references to these fixtures were made in our contract of sale - and that they were to remain on the premises.
The seller admitted to ''hiring'' a moving company to remove ''his property''.
We feel that it is grand larceny. Police claim this is a real estate issue.
How should this be argued as a civil case? One of the promised chandeliers was an antique from the original Metropolitan Opera House.
4 Answers from Attorneys
Re: Chandeliers Stolen After Closing
If the specific chandelier was referred to in the contract of sale, you should be able to recover the fair market value of the light or the return of the light.
However, if you are only referring to a boilerplate (i.e., general description of items included in a contract of sale) provision in the contract that refers generally to "lighting fixtures", your claim would be much weaker, assuming they left light fixtures in all rooms. Did the listing of the house refer to this antique chandelier?
Re: Chandeliers Stolen After Closing
If the police are not treating this as a criminal matter, then it doesn't matter whether or not this is actually larceny. You'll need to seek redress through a civil action. I cannot assess the strength of your case without knowing all the details and especially without seeing the actual contract of sale and closing documents. Feel free to call me at 212-367-9167 to discuss your case. I do not charge a fee for the initial consultation.
Re: Chandeliers Stolen After Closing
Contact the attorney who handled your closing.
Re: Chandeliers Stolen After Closing
The "civil" action for the crime of "grand larceny" is called "conversion." You (potentially) have a claim for conversion.
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