Does the home buyer or seller have to satisfy a lien?

Just before closing, a home buyer learns that the water heater is not owned by the seller - it’s being leased. The seller asserts that the buyer needs to assume the lease and the lien on the unit.

The water heater is not mentioned as an exception to fixtures conveyed in paragraph 2 of standard offer to purchase 2-T.

Is the buyer obligated to assume this loan, or does the seller need to pay off the lien as part of the sale?

ANSWER: The seller

Paragraph 2(a) in Form 2-T clearly states fixtures are to be part of the sale, free of liens.

The seller has to convey the water heater free of liens to the buyer.

If the seller does not, then the seller risks being in breach of contract.