Ralph's Weekly Legal What-If Scenarios: Personal Property - "What Happened To My Appliances?!"
Each Monday, I'm going to post a "What If" Scenario that presents a legal issue in a real estate hypothetical situation.
Each Sunday, either the correct legal answer (or most likely legal resolution) to the situation will be posted.
These are great opportunities to keep your real estate legal chops honed and tuned as a real estate professional. And I'm sure there will be some interesting discussions going on related to these hypothetical situations. Some of you may also have had identical situations in the past that will bring some interesting light to the answers.
Here is this week's scenario:
A buyer sets an appointment with their agent to view a home. For this property showing, the seller is present during the showing.
The buyer really loves the home due to there being some very unique features about the property. One in particular is the kitchen, which includes some custom-built cabinetry that encases appliances that were a special depth for these cabinets, and were customized so that the front of the appliances match the cabinets. With the acception of the dishwasher, the range and refrigerator are not permanently attached to the property.
The buyer loves the property and makes an offer, which gets accepted. The transaction closes and on the day the buyer takes possession, they are horrified to see that the refrigerator is gone.
The buyer immediately calls their agent and lets them know about the missing refrigerator. The buyer's agent calls the listing agent to let them know about the issue, and the listing agent states that no personal property was requested and/or written into the contract, therefore the seller kept the range and refrigerator.
Who is right? Who is wrong? What will most likely be the outcome should the buyer pursue the issue through litigation?
Post your definition of what the answer is, and the correct answer along with the relative laws that apply will be posted on Sunday.