Post Property Buyout Agreement Removal of Fixtures

[serendipity]

In a divorce proceeding, buyout price and moveout date were agreed on in mediation. Divorce was finalized and respondent was paid for the property. After the moveout date, new owner found that an electrical installation (transformer, wiring) that had provided three phase power to the basement shop area had been removed by respondent. New owner had itemized this three phase capability to banks when requesting the refinancing that resulted in payment to respondent, and looked forward to being able to rent the space to carpenters requiring this capability. The divorce was finalized on receipt of payment in July of 2009. Was this illegal? If it was, is there a time period that would preclude remedy? Thanks!

 

[dee_dub]

I am confused about exactly who did what. But assuming that the electrical was a fixture, it should have gone with the house and it was a breach of the sales agreement to remove it. The seller of the house needs to make it right or pay damages. If the electrical was removed by the person they were divorcing, without their knowledge or consent, that person needs to put it back or they are compensate the seller for the loss.

 

[serendipity]

Fixtures

Thank you so much for the reply. I am the owner, having refinanced the property to buyout my husband. My ex husband removed the electrical installation while he was moving out, after he had received payment. So you are right with #2 part of your answer.

Is there legal standing for this that can be cited in approaching him to please reimburse me for this? Any statute of limitations or other limiting factor? Thank you again for the prompt reply. -S