If we closed on a house 2 weeks ago and just realized that the sellers took some fixtures they should not have taken, can we do anything?
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If we closed on a house 2 weeks ago and just realized that the sellers took some fixtures they should not have taken, can we do anything?
We did have a final walk through but we did not notice this then, they took an iron bench that was kept outside the house and an arch that was made on the pathway, it was fixed.
Asked on July 6, 2012 under Real Estate Law, Massachusetts
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If these were indeed fixtures then you may be able to take the sellers to small claims court to reimburse you for their replacement if they refuse to return the items. I would have your attorney send a letter. Here is my concnern: if they really were not there on the walk through and you did not raise it then, some states do not allow discrepancies to "survive closing" meaning that you should have brought it up then. Good luck.
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