What Can Sellers Take, and
What Must They Leave?

Question: When we made our offer on a condominium in Scottsdale, one of the things that sold us was a gorgeous chandelier hanging in the dining room. It was made of colorful ceramic and wind-aged wood. To us it was the perfect expression of the southwest. You can imagine our shock when we moved in after the sale to find our chandelier gone and a crude and cheap light fixture hanging in its place. We've talked to our agent who says the sellers intended taking the chandelier all along and refuse to return it. Do we have any options for getting it back?

Marianne: Ownership of personal property is one of the most common sticking points in a real-estate transaction. The question becomes, was the chandelier part of the real estate? Or was it personal property? If it's real estate it goes with the sale; personal property goes with the seller.

There are several tests used to determine this. Probably the most common is the method of attachment. If the chandelier could be removed without damage to the ceiling, in other words, "unplugged," then it probably was personal property. Since another fixture replaced it, it sounds as if easy removal was possible.

Of course hindsight is always better, but if there's anything in a sale that can be confused for personal property, it's best to specifically include it in the sales agreement. For example, your agent should have added a clause stating that the chandelier was to be part of the sale. That would have eliminated any doubt.

You should check your purchase agreement to see if a general statement was made that said all wall and floor coverings, appliances and light fixtures are included. This is sometimes part of the boilerplate. If it's there, then you can reasonably demand that the chandelier, which you saw when you made your offer, be returned. If not, then the simplest solution may be to approach the seller about buying it.

Mr. Irwin has more than 25 years' experience as a Los Angeles-area real-estate broker. He is the author of more than two dozen books about real estate and is recognized as one of the most knowledgeable writers in the real-estate field. Mr. Irwin's most recent book is "Find It, Buy It, Fix It" (Dearborn, 2000).

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Marianne, Phoenix

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