Profile picture for user85319767

Is it legal to remove a shed from the property after a house has been listed?

I was searching for a house, just driving by, while I waited for my loan to be pre-approved.  I found a house that I liked which had a matching shed.  I drove by again today and the shed is gone.  Is that legal?  if not, what can I do about it? This house is in Idaho.
  • June 04 2014 - Boise
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Answers (6)

Profile picture for Blue Nile
"I found a house that I liked which had a matching shed.  I drove by again today and the shed is gone.  Is that legal?" -

No offer, just "drove by"?  Unless there is an offer and a signed agreement, there is nothing that states a shed has to be there.  If it was in the listing, one would question why they would choose to remove it, but there is no cod requirement to have a shed, and no requirement that something in the listing be there prior to an offer being made.  And if it said a shed was included in the listing?  It doesn't necessarily mean it is the same as in the photos or a driveby; it could just be one of those $200 ones from the building supply stores.

It is YOUR responsibility to indicate what you expected to be included in your offer.
  • June 06 2014
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The issue with the shed should have been in the listing agreement under inclusions or exclusions. If you did not see it in the contract then it would depend on how it is viewed under state law as a fixture or personal property. A lawyer would most likely need to be consulted if you were under contract, the shed was not addressed, and now it is gone. I agree with Jim, that this question is probably "best fielded by an attorney." Good luck to you!
  • June 06 2014
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This is a legal question and is best fielded by an attorney; however I will share "my" philosophy on the issue. . . 

If the shed was not on a permanent foundation it could be considered "personal property" and it would not automatically convey to the new buyers.  If it was attached to the ground or the house, it is probably considered a "fixture" and should be included.

When in doubt, always write these types of things into the contract so there can be no question after an offer is presented!  I always make it a point in my contracts to address things like shelving in the garage, window treatments, hot tubs, sheds, appliances, dog runs, the wood pile, etc.

Best of luck!
  • June 06 2014
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Profile picture for valuatemyhouse
The Term Shed is varies from State to State.  The local hardware store sells movable shed's and the lumber to create a permanent shed which could be attached to the land.  The movable Shed because its not permanent fixture to the land may be considered personal property and thus belongs to the current owner.  If the shed has a foundation which is attached to the ground and the shed looks like a permanent fixture than yes you can have case that you had purchased the property with the intentions of buying the shed because it was fixed to the ground. 

Now if the Shed is permanent fixture? Is it permitted? Some County and Cities have building codes to sheds.  Is the Shed up to Code?

First I would like to commend you on getting a pre-approval letter.  Answer to your last question is usually you cannot do anything about a person removing a Shed of personal property.  There loss since some sheds give higher value in some neighborhoods.

Best of luck! 
  • June 04 2014
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Did the contract state the shed does not stay?  At the time you view the property all items need to stay there. 

In your case you should flag it and ask them to compensating or bring it back.  You need to prove from mls or photos shot that the shed is there.


Good luck
Sam Shueh
KW Realty
  • June 04 2014
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Profile picture for wetdawgs
The home must be in the condition it was on the day you made an offer.  So, if you've made an offer that has been accepted,  and the shed was mentioned in the contract, then they can't remove the shed.   If the house is merely on the market, then they can do what they want.
  • June 04 2014
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