If I recently purchased a condo but the water softener system was removed before I moved in, who is responsible?

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If I recently purchased a condo but the water softener system was removed before I moved in, who is responsible?

Water softener is noted on inspection report, appraisal. We did final walk through and it was there. Received keys and closed but when we went to move in the water softener was gone. They do not want to replace it. What can I do now?

Asked on December 30, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. You need to carefully read your written purchase agreement to determine if the water softener was to remain in the unit or not. From what you have written, the water softener would be readily removable from the home that you bought and would not be considered a fixture.

However, if the purchase contract did not state that the seller was keeping the water softener, then you have a very good argument that the water softener was included in the purchase of the home that you acquired. I recommend that you consult with a real estate attorney further about your situation and the course to take against the seller.


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