Legal Question in Real Estate Law in California

if i have a washing machine and dryer in my home and the original owner wants to take it back can i say no? its been 4 months

Asked on 12/09/12, 1:16 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

When a home is sold, certain semi-moveable items are considered sold along with the real property, and others remain the property of the seller and should be moved out along with the furniture and other personal effects when possession is delivered. Laundry appliances would generally be considered personal property and would remain the property of the prior owner, even though not timely removed. Therefore, I'd say that the original owner can validly pick up and remove his/her washer and dryer, and could also keep items such as the refrigerator. This could be changed by a provision in the agreement of sale, of course, so check that. On the other hand, items such as the furnace and sinks are considered fixtures and as such are part of the real property and not removable by the seller (absent specific language in the agreement). I also researched whether the passage of four months' time affects the result, and I don't think it does, except that a long time lag in claiming personal property mightpossibly be some evidence that there may have been an agreement to include said property in the sale.

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Answered on 12/10/12, 1:36 pm

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