Hot tub connection

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Hot tub connection

I purchased a home on August 26 during the summer – no snow which had a hot tub connection cable, connector and breaker but no physical hot tub was on the property at the time of purchase. I had a home inspection completed which I have photos demonstrating the hot tub connection was in place at the time of the purchase. I took possession of the home on November 30 and realized mid-April when the snow melted that the connection was gone. I reviewed my home purchase agreement and the seller did not indicate in the agreement that they wanted to keep the hot tub connection. My question is as a home buyer, am I legally entitled to this hot tub connection? Is it reasonable to requested a reimbursement for the cost to replace the connection from the seller?

Asked on July 3, 2019 under Real Estate Law, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A hot tub connection would be deemed to be a fixture (e.g. something which is meant to permanently affixed to the property and is expected to convey with it) as would any other plumbing or electrical connections. Accordingly, you can sue the seller for the cost of replacement, including the cost of the connection itself as well as all labor costs associated with re-installation.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, fixtures and plumbing and electrical connections that are part of home are sold with it and must go the buyer unless they were specifcally excluded--and according to what you write, they were not. You could sue the seller for the cost of the connection and any contractor (e.g. electrician and/or plumber) labor needed to install it.


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