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Private Sellers Going To Court
Thursday, 14 July 2011, 11:13:50 AM

So I got an email yesterday from a past client asking whether a shed is deemed to be a fixture and whether it should be deemed to be included in a real estate transaction or not.

I asked a few more things about her question and she told me that an employee of hers sold their home and decided to take that shed because it was not included in the agreement and in fact, they removed it before the Buyers came back for their “final inspection”, and now the Buyer’s a suing them for over $2,000 for the cost of the shed.

I asked her if the shed was there when the Buyer’s initially viewed the home and made their offer and apparently it was.

So I told her that in my opinion I believe the shed is deemed to be a fixture and should have been left behind but it would have to be up to a Judge. She went onto say that the shed was not actually fastened down to its platform and that the Sellers actually removed the screws which would in turn deem it a chattel rather than a fixture. Furthermore the shed in question was actually only worth $700 and that the claim being made against them is excessive.

At this point it also came out that neither the Seller or the Buyer was represented by a Realtor and that it was a “private transaction”. “For Sale By Owner”

Well well well. Surprise, surprise.  Obviously my opinion of this situation is biased but isn’t it interesting when people take the duties and responsibilities of a Realtor so lightly and think that “these buggers” are overpaid and that they can handle the sale and or purchase on their own.

Not only do they have to go through the hassles of going to “Small Claims” court, time off work and the possibility of losing. Did they actually really save any money at all in light of the property not being properly exposed to the market place?

A professional Realtor on either end of this situation could have prevented this entire mess.

It reminds me of the old saying, “If you think the services of professional are expensive, try the services of an amateur.”

Feel free to comment on this article and have yourself a great day!

Walter Monteiro

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