13. I buy a home for $700,000. I buy beautiful chandeliers that are bolted into
ID: 384460 • Letter: 1
Question
13. I buy a home for $700,000. I buy beautiful chandeliers that are bolted into the ceiling and can't be removed from the ceiling without causing great damage. I also install a wireless state of the art sound system in each bedroom, living room and den with portable speakers. I sell the house for $750,000 and the contract states that it is for the sale of real property. I claim that all I sold was the house and land but the buyer claims that she also bought the chandeliers and the sound system with the speakers. Who wins? What are the arguments?Explanation / Answer
In this specific case buyer would win the argument as chandelier is bolted into the structure and according to the law of fixtures it is a part of the real property which is being sold to the buyer.
Speaker systems which are permanently inserted into the structure and directly in contact with the structures are also part of the real property with the stating law of fixtures. Anyhow system would not be considered as a real property and would not fall under the claim of buyer as sound system is an independent unit and can be removed easily and in this is specific case, the speakers are portable and can be easily removed which does not include in the real property which is sold to the buyer.
By analysing the specific situation we can say that the chandelier would belong to the buyer as it is fixed to the real property and cannot be removed without damage done to the property which is sold to the buyer. Speaker systems would belong to the seller as they are easily movable and not protected by the law of fixtures and belongs to the seller.
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