What to do if we recently purchased a second home and when we took possession a large shed had been removed from the property?

While the shed was not listed in the contract, after calling the agent she said it was in the “specification sheet” which we never received. The MLS listing on line does not specifically exclude the shed either.

Asked on May 26, 2012 under Real Estate Law, Michigan

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

Typically, in any "buyer's agreement", the agreement should state exactly the items the buyer and seller have agreed that will remain with the home after closing (i.e. stove, furniture, shed, etc). This issue with the Shed is whether or not it will be considered a "fixture" to the home. If it was not specified in the agreement to stay with the home, then technically the sellers have a right to take it with them, give it away, sell it, etc., because it belongs to them and not the buyers. If however it is considered a fixture (an item that is fixed or physically attached to the land or home such as a garage or an item that you would have to deconstruct to remove it), then you may have a claim that it was a fixture and should have remained with the home. I would not rely on the MLS listing but rather the body and language of your buyer's agreement.


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