New Jersey Real Estate Practice Exam Free Practice Question
When buyers move into their new house, they see that the ceiling fan in the dining room is gone and bare wires are hanging from the hole. The ceiling fan was NOT mentioned in the offer to purchase. Did the sellers have the right to take the ceiling fan?
Correct Answer: A
Rationale: A: No, because it was a fixture in the house. Fixtures, like ceiling fans, are items permanently attached to the property and typically remain with the home upon sale, unless explicitly excluded in the purchase agreement.
B: No, because it was chattel. This option is incorrect; chattel refers to movable personal property. Since the ceiling fan was attached, it is considered a fixture, not chattel.
C: Yes, because it was the sellers' personal property. This option misinterprets the nature of fixtures. Even if the fan was initially personal property, its attachment to the home classifies it as a fixture.
D: Yes, because it was not referenced in the contract. While items not mentioned can sometimes be removed, the classification of the ceiling fan as a fixture overrides this, meaning it should remain with the property.
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