Legal Question in Real Estate Law in Washington

Property Damage

The buyer of my home is sueing me in small claims court for removing a piece of funiture (which was not part of the sale) from a wall stating it left damage to the wall. All holes were repaired and the surface repainted, but they state damage was still left. My contension is when you remove something there is going to be a certain amount of marks left behind, they did not buy a brand new house. What is their recourse?


Asked on 7/18/07, 8:21 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Property Damage

Their recourse is to sue you.

There is real property, and then there is personal property. Real property is a location in spatial coordinates, personal property is further divided into tangible and intangible.

Tangible personal property is stuff, not land, that you can handle. (Even really big stuff like interstate highways are tangible real property).

Then there are fixtures. Fixtures are tangible personal property affixed to real property. My favorite definition is "once and future chattels".

Based on what you said, you removed something that he thinks is a fixture. You say it was not part of the sale. I can't tell, I am not looking at your contract.

But if it was a cabinet chances are the Court is going to say you lose.

If it was a clock, maybe you win.

But your statement about damage remaining when something is removed makes me think that it was more like a cabinet.

It isn't about how old anything is.

Hope this helps. Elizabeth Powell

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Answered on 7/18/07, 8:34 pm


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