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42. Which of these three items, if any, may the seller remove?
Before the closing, the buyer learned that the seller planned to remove several items that the buyer thought should stay with the house: a garbage disposal, a dining room ceiling fan, and a power lawn mower.
A buyer and a seller signed a written contract for the sale of a house. The contract was silent regarding which items would stay with the house.
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A is incorrect. The seller may remove the power lawn mower as an article of personal property. The garbage disposal and the ceiling fan, however, qualify as fixtures and must remain with the house.
B is incorrect. The seller may not remove all three items because the garbage disposal and the ceiling fan are fixtures that must remain with the house.
C is incorrect. The seller may not remove the ceiling fan, but he may remove the power lawn mower.