Can the seller take the stove?

Profile picture for beachrider77
I just finished a final walkthrough on the property I am purchasing. The seller took the stove. The contract never specifically said the seller would take it. Is this legal? I am assuming the stove normally stays with the house unless specified in the purchase agreement. Am I right? Any advice would be greatly appreciated. The house is in CA if that helps any contractual questions. Thanks.
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December 20 2011 - US
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Answers (9)

In the St. Louis, Mo. area, there is a list of "inclusions" on the first page of our contract which includes the stove, unless it is specifically excluded  by the seller under special agreements. 
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December 21 2011
Profile picture for Sharon Lewis
I am a Realtor in North Carolina, in our contracts, the stove is left. 
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December 21 2011
Profile picture for SoCal Appraiser
PS. Also a FHA loan requires a working stove, whether in MLS or not.
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December 20 2011
Profile picture for NinaHarris
Check the listing.  If it wasn't excluded, seller should have left it.
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December 20 2011
Generally, a fixture is something that is nailed, glued or screwed to the house, and is also call an attachment in some places.  In most areas, fixtures are presumed to be part of the house, and go with it.  An electric range plugs in, and usually is not technically attached... same for a refrigerator with now water line attached.

Most realtor association forms cover this via some type of checklist of the most common items that creat conflict... stove, shades, blinds, carpet, satellite antenna, etc.  The contract determines the final answer though.
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December 20 2011
Profile picture for therealtorguy
I am a realtor in Oakland County Michigan. Our listing agreements and listing information (displayed on the mls) state which appliances are included in the sale. There is also an area on our purchase agreement where we insert what is included/wanted in the purchase. If I am representing a buyer, I insert which appliances the buyer intends to included in the purchase.

I recommend checking the listing and your purchase agreement to see if the stove was mentioned.
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December 20 2011
most state contracts say what is customarily left in the home. In AZ, the stove is left, while the refrigerator can be be taken, if the standard clause is used. Both are connected by a plug, but that is how it is usually done here. However, in the contract the parties can agree to whatever they wish. 
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December 20 2011
Profile picture for wetdawgs
Here's a useful article about fixtures in the house and purchase offers.  (The author happens to be a CA agent.)

When we purchased or sold our own home, we've been told that appliances that can be unplugged are not part of the sale unless mentioned in the contract.  This would include stove, refrigerator, washer and drier.  When we purchased in CA, we purchased them from the seller independently of the purchase contract.

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December 20 2011
Profile picture for CaptainSeth
Most contracts have a clause that deals with fixtures. Some have it optional to check which appliances are included. If the contract states that the stove is part of the deal than you/your attorney need to negotiate a credit at showing for the estimated cost of the removed stove.

If you wait until after closing it will be a bigger headache to see compensation.

Conversely, perhaps the stove was harboring rotten meat, or years of unscrubbed grime, in which case the seller has done you a favor!
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December 20 2011
 

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