Legal Question in Real Estate Law in Indiana

legality of house seller's action

House seller removed house security

system after final walk-through. Upon

taking popssession, buyer was

astonished to find system had been

removed. Was seller's action legal? If

not, what recourse does buyer have?


Asked on 11/14/07, 12:35 pm

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: legality of house seller's action

Depending on the contract language, you may have a suit. Most contracts require fixtures to stay, and security systems are usually considered as fixtures.

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Answered on 11/14/07, 12:51 pm
Mark Voigtmann Baker & Daniels

Re: legality of house seller's action

It depends on what your agreement was with respect to the house security system. It might have been mentioned in the sale agreement or not. If not, there may be an argument that it is a fixture and therefore something that should not have been removed. Further inquiry would be required before I could say for sure.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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Answered on 12/06/07, 12:53 pm


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