Question 51

A portable storage shed may NOT be removed when a property is sold if it was included in the listing contract and purchase agreement.

If a portable storage shed was explicitly included in the listing contract and purchase agreement, it cannot be removed when the property is sold, as it is considered part of the transaction.

A) was on the property at the time of the listing

While a shed being on the property at the time of listing may indicate its presence, it does not guarantee that it is part of the sale unless it is specified in the listing contract or purchase agreement. Therefore, this option is incorrect.

B) was included in the listing contract and purchase agreement

This is the correct answer. When a portable storage shed is included in both the listing contract and the purchase agreement, it is legally recognized as part of the property being sold, and thus, it cannot be removed by the seller.

C) was on the property when the seller bought it

The history of the shed's presence on the property at the time of purchase by the seller does not affect its status during the sale of the property. Unless it was specifically included in the current listing and agreement, this does not prevent its removal, making this option incorrect.

D) is a trade fixture that must remain

Trade fixtures are items used in a business setting that can be removed by the tenant, not the property seller. Therefore, unless the shed qualifies as a trade fixture under specific conditions, this option does not apply and is incorrect in this context.

Conclusion

The inclusion of the portable storage shed in the listing contract and purchase agreement solidifies its status as part of the property, making option B the only correct choice. Other options do not provide the necessary legal basis to prevent the removal of the shed, thereby making them incorrect.