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When I buy a property, does the seller have to leave me the kitchen?
Leave kitchen fitted
According to the law, the seller must deliver at the same time as the property the elements that are permanently attached to the immovable. Thus, it would not occur to anyone to remove a floor tile or gutters, before giving the buyer the keys to the property.
For other elements, hesitation is possible.
The Civil Code provides that elements that have been sealed with plaster, cement or that cannot be detached without being damaged or without damaging the support, are deemed to be an integral part of the property. They must therefore be left by the seller.
Kitchen furniture, prefabricated and detachable, is therefore not considered to be attached to perpetual residence, even if it is fixed by crampons in the wall to prevent it from tipping over. They can easily be removed and the seller therefore has no obligation to leave them.
So, to avoid any dispute, it is better to foresee from the compromise what are the elements that the seller will leave in the property and to list them precisely.
Thus, if the seller and the buyer have decided that the fitted kitchen (furniture and appliances) will be sold at the same time as the building, we might as well provide it in black and white.
For other elements, hesitation is possible.
The Civil Code provides that elements that have been sealed with plaster, cement or that cannot be detached without being damaged or without damaging the support, are deemed to be an integral part of the property. They must therefore be left by the seller.
Kitchen furniture, prefabricated and detachable, is therefore not considered to be attached to perpetual residence, even if it is fixed by crampons in the wall to prevent it from tipping over. They can easily be removed and the seller therefore has no obligation to leave them.
So, to avoid any dispute, it is better to foresee from the compromise what are the elements that the seller will leave in the property and to list them precisely.
Thus, if the seller and the buyer have decided that the fitted kitchen (furniture and appliances) will be sold at the same time as the building, we might as well provide it in black and white.
Good to know
To calculate the value of the furniture to be deducted from the notary fees, you must estimate the age of the furniture and apply a deduction for obsolescence. This is the same calculation as if you were selling your second-hand furniture.
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