Question: In a property sale dispute, if certain items like a towel rack, a window air conditioner, and a mirror were not specified in the home purchase agreement to remain, is the seller obligated to leave them behind? Additionally, how should the seller proceed if the buyer is demanding compensation for these items after the sale has been completed?
Answer: In a case involving the dispute over items claimed to be fixtures in a home sale, items like a window air conditioning unit and a mirror that hangs on the wall are not typically considered fixtures if they can be removed without tools. Unless these items were explicitly included in the home purchase agreement, they are not required to be left behind. If the buyer is demanding compensation appropriately, the condition of the items would likely be considered in determining their replacement value.
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Attorney Francisco Lopez