I recently heard a story about an individual who bought a home and upon possession of the property they were surprised that all the new carpets were gone. Imagine that surprise!!! I think this story is very unusual and most likely none of us will ever experience it; or at least let’s hope for that.
The reason why I wanted to share this story is because this is an example that many of us do not take enough time to understand the documents that we are signing, what impact it has on us, and what our responsibilities & obligations are under contracts. When you are buying or selling a home you will find yourself signing contracts that I hope are explained well to you and that you take the time to ask a lot of questions about. To learn more, I invite you to look at my pages about contracts, where I go over things that you will need to know to be well informed before you sign.
As always, if you want any additional information, please do not hesitate to contact me directly at 403.921.5798.
I almost forgot, I guess you might want to know what happened at the end of the story. Now, I don’t know how much of this is anecdotal versus fact, but here is what I heard. The problem that we encountered here is that the seller was in the wrong; they were poorly educated or miss informed about the difference between chattels and fixtures. Click on the link if you want to learn more. The carpet, although it seemed to the buyer as their personal property, was actually a fixture, or an attached good that formed part of the home and was not to be removed. At the end, the buyer held the seller responsible for recarpeting the home.
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