Problem on residential real estate sales contract


Problem: In negotiating the Malloy/Smith residential real estate sales contract, Buyer and Seller dicussed the luxury of entertaining in the house and patio because of the very upscale built-in commercial grade overn and ventilation hood that had been installed in the exterior brick wall in the covered patio. Seller told Buyer, "we use it year round" Seller promised Buyer that the built-in oven would remain with the house because as Seller said, "I have no idea what I would do with those at my new condo." Prior to closing Seller removed the built-in overn and hood and replaced them with cheap but operational oven and hood. After Closing Buyer noticed the cheap replacements. Buyer wnats the expensive oven and hood returned. Who prevails? Answers: A. Buyer because the built-in oven and hood induced Buyer to buy the property. B. Buyer because personal property that is considered "fixtures" are transferred at closing even if there is no express provision in the real estate sales contract. C. Seller because Buyer waived the right to object after the closing. D. Seller because the doctrine of Merger barred Buyer's claim

 

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