Legal Question in Real Estate Law in California

Who do potted plants belong to in the sale of a home, the buyer or seller?


Asked on 8/28/09, 11:01 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

It depends upon whether they are considered a fixture or not. A lamp can easily be moved so goes with the seller unless left behind. An alarm system stays with the house because it would take some work to remove it. So a tree or plants in the garden remain with the house. If the potted plants can easily be removed, are not secured physically to some part of the house or lot, and are not mentioned in the sales contract as remaining with the property they are not fixtures and can be removed by the seller. If, however, they are central to the elaborate landscaping advertised as a selling point of the house, then the buyer may have bought the house because of that feature and it might be implied that the potted plants would remain.

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Answered on 8/29/09, 12:08 am


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