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

UPDATED: Aug 18, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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