Legal Question in Real Estate Law in Utah

Re: Water softener, ours or theyrs?

Hello,

The short answer to your question is that just because the water softener is present in your home does not give you ownership. You need to look to your Real Estate Purchase Contract and to the Disclosures that the seller made prior to your purchase. They will tell you whether the sellers included the water softener with the purchase or that it was a leased item that was present in the home but not owned by the seller, or otherwise.

In the event that it was not disclosed but was included as a "sold" item, then you have a claim against the seller. However, if it were properly disclosed to you that the water softener was not included in the sale, or was present but leased, then you have no claim.

Look to your documents. If you no longer have a copy check with your real estate agent or his/her broker. The broker will have those kept somewhere. Brokers are required by Utah law to retain them for 3 years.

Good luck!