Can the seller remove fixtures from your new home?

What happens when on the day you move in to your new home, the happy experience sours when you discover the rose bush from the front yard has been removed, the mirror in the bathroom is gone and the dishwasher has been taken from the kitchen?

These things were there when you inspected the property and you assumed they would be staying with the house as part of your purchase. So, where do you stand legally in this situation.

What are your legal rights?

Thankfully, the law is on your side but it comes down to proper process. It’s about making sure the responsibilities of the seller have been met and that all the paperwork has been done thoroughly at the time of signing the contract to purchase.

The seller has an obligation to advise the real estate agent if anything is excluded from the sale. This should be reflected in the contract.

Usually, anything deemed to be a fixture will stay. This generally includes things that are nailed, screwed or otherwise fixed such as;

  • mirrors
  • floor coverings
  • curtains
  • towel racks
  • television aerials
  • light fittings
  • ceiling fans.

But it also includes things like plants, paving slabs and garden sheds.

Read more

Image courtesy of Gualberto107/FreeDigitalPhotos.net

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