Can I take legal action on seller’s realtor for not providing a proper disclosure statement?

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Can I take legal action on seller’s realtor for not providing a proper disclosure statement?

I am in the process of purchasing a short sale home and found out the current owner is going to take his built-in water purification system with him. The problem is that his Realtor never added that to the disclosure forms. I made the purchase assuming the system was going to stay in the house since it is built into the garage. Earlier, I agreed to give the seller an extra 7 days to move after the closing date. He plans to take it after the closing date. What exactly can I do after closing?

Asked on August 18, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In California, fixtures stay with real property as part of the purchase agreement. Fixtures are defined as an item affixed to the home that is intended to be a permament part of the home. Examples would be lighting tracks, built in ovens, fireplace inserts, built in dishwasher and the like.

Refigerators, clothes dryers and clothers washers are not defines as fixtures within a home.

If the built-in water purification system falls within the definition of a "fixture" you have the option of requiring that the item remain, or having a lower purchase price for the home taking into account the cost of a new water purification system and its installation.

Your legal action would lie with the seller, not the listing agent.

Good luck.


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