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Upon the close of escrow while moving out, i removed the drapes. It is gray
whether it is or isnt real property versus personal property and if i have the
right to remove the drapes. In this case, the buyer did not ask for the drapes
in writing and thus, as personal property i removed them. Please advise as to
whether the drapes should be removed and or returned. In addition, the buyer did
receive a 2,000 credit which could be utilized at their discretion.
Asked on August 11, 2016 under Real Estate Law, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Generally, the seller can remove anything not affixed to the house (i.e. not a "fixture") which was not listed in the contract of sale or some subsequent amendment or addendum to the contract as included with the home. So if there is nothing in writing that the drapes stay, you should be able to remove them. Of course, if the buyer feels strongly otherwise and is prepared to be unreasonble about it, it may be better to return the drapes rather than facing having to defend a lawsuit about them--even a successful defense will at the least take time and energy from you, even if you don't hire a lawyer and represent yourself.
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