FACTS:                    

The buyer and seller executed the Arizona REALTORS® Residential Resale Real Estate Purchase Contract (Contract).  The transaction generally proceeded without incident. However, after the buyer’s final walk-through, the sellers removed all of the ceiling fans in the house and several of the shutters.  

ISSUE:                      

Was the seller legally entitled to remove the ceiling fans and shutters after the final walk-through? 

ANSWER:                

No. 

DISCUSSION:         

The Contract specifically provides that ceiling fans and shutters convey in the transaction.  See Section 1g, Fixtures and Personal Property.  Thus, the seller was contractually obligated to leave the ceiling fans and shutters in the property.