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  1. #1
    Join Date
    May 2012
    Posts
    2

    Default Out Building Taken from Property

    My question involves real estate located in the State of: Michigan
    We recently closed on a piece of property to be used as a vacation home. The sellers had taken a very nice large shed leaving ruts in the lawn and also doing some damage to a downspout. The shed is probably worth about 3000. The mls listing that was online did not exclude the building but it also was not mentioned specifically in the listing. After calling the agent (sellers agent) we were told it was listed in the "specifications". I am not sure what that is.We never received this document. The shed was not mentioned in any paper work we signed as being excluded. I thought out buildings like this had to be specifically excluded in order to be removed. If that is the case where do they exclude it in the buy sell agreement or in the mls listing? Do we have any recourse in this situation? What would be the next step if we wanted to challenge this?

  2. #2
    Join Date
    Sep 2010
    Posts
    9,270

    Default Re: Out Building Taken from Property

    The MLS listing means squat. It is not part of your purchase contract nor is it even an offer or anything else reliable.

    The question is whether your local custom consider it to be affixed to the property. If it was on skids, it may not be. If it were built on a foundation, it probably would be.
    You can (or better yet) have your lawyer demand it's return (or compensation). If that doesn't work you can try suing in small claims, but it's uncertain if you have a claim given the limited information.

  3. #3
    Join Date
    May 2012
    Posts
    2

    Default Re: Out Building Taken from Property

    We had been told by a friend that an out building (it was not on a foundation) must be specifically excluded in the sale. Apparently this friend had tried to remove a similar shed from property he was selling and was told that by the real estate agent.

    From what papers would it have to be specifically excluded? It was not excluded in any purchase agreement or any other papers we have. How do we find out what the local custom is in Michigan? When you say local custom would that be specific to the county or just general area? If we consult with a lawyer do we need one from that area or any lawyer in Michigan?

    Thank you for your response.

  4. #4
    Join Date
    Sep 2010
    Posts
    9,270

    Default Re: Out Building Taken from Property

    It would have been in your purchase contract or some agreed (by you) amendment. You need a lawyer approved to practice in Michigan. Most likely it would be more cost effective to get one close to where the property is.

  5. #5
    Join Date
    Jan 2006
    Posts
    27,034

    Default Re: Out Building Taken from Property

    Quote Quoting pamE
    View Post
    We had been told by a friend that an out building (it was not on a foundation) must be specifically excluded in the sale. Apparently this friend had tried to remove a similar shed from property he was selling and was told that by the real estate agent.

    From what papers would it have to be specifically excluded? It was not excluded in any purchase agreement or any other papers we have. How do we find out what the local custom is in Michigan? When you say local custom would that be specific to the county or just general area? If we consult with a lawyer do we need one from that area or any lawyer in Michigan?

    Thank you for your response.
    Your friend is incorrect. If the building was not on a permanent foundation, it is just as temporary as a swing set or an above ground pool. Unless it is specifically included in the sale, it is not included in the sale.

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,340

    Default Re: Out Building Taken from Property

    The MLS listing means squat. It is not part of your purchase contract nor is it even an offer or anything else reliable.
    That is technically true but it is a common misconception that there is no liability involved. If a realtor represents a certain feature in a listing (not the case here), and it is relied on as an inducement by a purchaser, the fact that it is not included at closing may create a liability for the realtor (not the seller). I have personally seen realtors dig deep and pay damages in situations of misrepresentation of this sort. The seller was not involved in any liability.

    The sellers had taken a very nice large shed leaving ruts in the lawn and also doing some damage to a downspout.
    Did this act occur before or after the closing?

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