Question
A buyer is in the process of closing on a house. During the initial walk-though of the property, the buyer notices custom battery-operated window shades
A buyer is in the process of closing on a house. During the initial walk-though of the property, the buyer notices custom battery-operated window shades installed in the living room. He thinks to himself that the shades will become a great asset considering how much sunlight shines in the living room each morning. However, after closing on the property, the buyer realizes that the seller removed the shades. Based on this scenario, who is entitled to the shades?
It is not clear if the shades are considered personal property of fixtures. For that reason, the seller is entitled to keep the shades.
The buyer is only entitled to keep the shades if the sales contract explicitly listed the shades as a fixture.
Shades are considered personal property and thus, the seller is entitled to keep the shades.
Since the shades were custom built for the living room, they are considered fixtures. The buyer should be entitled to keep the shades.
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