If a chandelier isn't specifically included in purchase agreement can seller keep it?

I believe that generally light fixtures are considered included in the sale unless otherwise excluded. Have you already settled the purchase agreement? Are you perhaps in the option period? I honestly do not think a sale would NOT go through simply because of a light fixture, especially if you replaced it. I would say the best thing to do would be to notify the seller. Tell them what you told us. "This fixture is a family heirloom and will not be staying with the house. We have since replaced the fixture and hope that you will find it satisfactory. We apologize for any confusion we may have caused and hope that you will understand the importance of taking this with us."

It's a fixture and is included unless specified otherwise.

It was your responsibility to tell the realtor, family member or not, that the chandelier was not included in the sale.

Tell the buyer there was a mistake, and that the chandelier is a family heirloom and should have been listed as an item excluded from the sale. Tell them you will find a replacement and see what they say.

Assuming that the chandelier is a normal chandelier and not one of those swag, plug in things, then it is attached to the house and so normally stays with the house.

If you change it out then you are not abiding by the terms of the contract, so yes, the buyer could even go so far as to sue you for specific performance. If you ask nicely, the buyer might allow you to do something. You might have to buy a light fixture of their choice and install that. Whoever told you that you could replace things that were not specifically mentioned has a strange idea of how contracts work. (Do they think you could replace windows, carpet, doors and everything that the buyer liked about the house?)

Before you move everything out, ask the agent what else should be left. In many areas it is normally expected to leave all window treatments including blinds and curtains.

My question to you is do they have proof it was there before the agreement in question? You could say you explained you were replacing it when they saw the house but never listed it because you were going to exchange it before the sale was final. Also is the replacement you provided a similar type? I could see their issue if you replaced it with a cheap single bulb ceiling light. You may have to spend a few hundres dollars but if you can get a similar one that is newer it might ease their frustration.

I had a similar issue with a solid Mahogony door I had on our house. I wanted to put it on our new house but couldn't do that until our new one was finished to a point I could without a chance the builder might damage it. I xplained this to everyone who looked at the house and did say I would leave it if they increased the price to accomodate for it. I never listed it on the agreement though. But I did change it out.

Fixtures stay. They do not have to be "included", they are included by default. Lights, faucets, etc are all fixtures and do not need to be specified.

The chandelier needed to be replaced before you showed the house, not after you accepted an offer.

Since you obviously want to keep it write up an addendum to replace it with the chandelier of the buyers choice. You should be able to set up an account with a local lighting store for them to pick it out and you to pay for it.

And yes, you could have ended the sale. You are trying to present a differant product then they made their offer on, they can legally end the sale right here.

Normally, if a seller is going to take something with them that is considered a fixture, the listing should note this and there should also be a note posted on the item in the home making any buyers aware of this.

"Tagged items to go with seller" (Sometimes prize rose bushes, certain antique fixtures, etc.)

The agent (relative) should have known this & made the proper disclosure or posting in the listing and at the home.

Restoration Hardware often has antique looking fixtures at a fraction of the price. http://www.restorationhardware.com/rh/catalog/cate...

If they plan on taking that particular fixture, then they have to specify that in the contract. In addition, they would need to replace it or cap the electrical box in the ceiling.

You should inspect the property about an hour before you close to note anything that may have changed since the last time you were there (things missing, damages, etc). Then, you can potentially re-negotiate those things at the closing table.

A chandelier is a fixture. Fixtures stay unless the seller specifically excludes them in the listing.

to tension them to flow by with the sale, on the agreed upon value in the settlement. no longer specific in case you prefer to try this nonetheless, because it must be costly. in the top, the broking could in all likelihood be assessed the criminal expenditures, yet do you extremely want a house which you had to tension the sellers out of? The could placed nasty surprises in it. a house inspection shouldn't value greater desirable than approximately one hundred fifty or so. So, we are conversing small claims court docket on one, or better court docket on the different. Is it truly truly certainly worth the aggravation?