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T. S | My husband and I put an offer in on a Short Sale property, but the seller took out all types of things after? |
The seller's agent promised and negotiated that all appliances, light fixtures and bathroom fixtures would stay in the property because the seller was threatening to take all types of stuff it if we didnt pay on the side or something my agent said she wl not do cause it is unethical since it's on MLS. My agent wrote up the contract & put everything comes w/ the unit & checked off everything listed. So the stove, all appliances etc and everything that we saw when we viewed the unit twice & the same stuff is listed on MLS. We put the offer in Saturday to the bank, but the agent called my agent today & said that against her agreement with the woman & the contract she has taken a ton of things that was listed in the contract. We have not put down em yet & we assume we can ask for a credit for evrything that she took...unbelievable?! My agent says we are not bound to the contract yet & they will go after her. She took appliances, light fixtures, all types of stuff on the MLS and offer?!
Additional Details
I am asking about an Offer and not a Contract. We are waiting to see if the bank will take the offer. So I know we are not bound because there is no contract, but just and offer that is under review, but since the offer was submitted the woman took this stuff...so the bank does not even know and she did it after the offer was sent in despite the things we discussed and put on the offer. |
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Landlord
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You need to walk.
The odds are she also damaged what was there while removing lighting/appliances etc.
It will cost more then simple replacement.
And, yes, what she did was illegal, but not your problem. Your contract has been voided, the house you offered on actually doe snot exist and is a completely different property.
If you stay I would ask for 3 times the replacement costs. Labor and repairs will cost you that much. |
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Kristi H
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It's a good thing you haven't put down EM! If it was in the contract and MLS, you definitely have recourse. I'd report her to the state's Real Estate Commission. Your agent should be able to handle that and tell you your options. I'd also keep copies and records of everything you can! Sorry to hear that, good luck! |
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estielmo
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They are within their rights to make a counter-offer. What's the problem? If you want to stay firm simply tell your agent that the original offer is "take it or leave it." NEVER fall in love with a house so much that it will cloud your business judgement.
If the stuff is actually gone, adjust your offer accordingly.
Always put a couple thousand dollars into an escrow account to insure the sellers abide by all the WRITTEN agreements. |
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Tom S
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Trying to take advantage of someone elses misfortune will have it's pitfalls. |
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leesh2828
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Was your offer accepted? I am not really sure what you are asking here. |
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Marysue
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The MLS means nothing in this case. If you wanted the appliances to stay, they each needed to be listed in your offer that the seller accepted. If the seller agreed to an offer that listed the specific appliances, then their side is bound to replace them. If they weren’t specifically listed in your contract, the MLS’ stating that they were included doesn’t mean much.
I have seen instances where the listing agent paid to have a washer and dryer taken back to a home when he forgot to remind the previous owners to leave them.
I know of an instance where a buyer’s agent (out of kindness) bought his clients a brand new refridgerator. There was one in the kitchen and a second in the basement. The contract didn’t specifiy which fridge, so the old owners took the new one from the kitchen and left the crappy one in the basement. They technically didn’t voilate the contract, but it’s now standard for agents in that office to specify color, brand and location of appliances in purchase contracts to protect their clients. |
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Leo F
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The seller can not take the stove, light fixtures, bathroom fixtures, those items are part of the house and part of the loan the seller took out when they purchased it. Washer, dryer and refer are considered personal prop. I would call the police and file a report. Any item attached is part of the prop and not personal prop. |
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David S
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This is why a walk through inspection is done prior too finallizing any real estate sale. Without it you are correct in asuming that there is really nothing that you can do about it. I am asuning that the home was in forclosure or you wouldn't be making the offer too the bank. The bank will already be taking less than they are owed on the home and is not likely too live up too your offer sheet and take a loss. Most homes were financed through FHA or VA and they will make the necessary repairs too bring the home up too code but not up too expectations. If this was a FHA or VA loan, make sure that your Broker did not put in an offer that was too high. My mother recently bought a cabin in the mountain resort area of Big Bear California that had over 175,000 dollers owed on it and only had too pay 65,500 dollers. This is because FHA and VA loans are gaurenteed by the Federal Govt and they will have too pay the lending bank in full if they don't accept an offer that will allow them too get at least part of their money back. |
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H mom of 3
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Well there are 2 options for you in this case, because it was all part of the contract and she took it all she is in breach of contract and you can back out of the sale and find another home to purchase and leave her high and dry with a home that she can't afford. The next option that you would have is to have her reimburse you guys for everything that she took, because it's a short sale I'm not really sure how much lower they can lower the price of the house for you, but maybe you can put somewhere in the contract that she owes you the amount that it is going to cost you to get all new appliances, etc. Or close on the house, take pics of the house and take her and her agent to court and sue them for what they took. Her agent represents her, so her agent should do just as much to make this right for you guys and if she doesn't I would just get out of the deal. Also, if you are dealing with these types of people on this sale, I would be running in the opposite direction, I would tell them that I have no interest in their home any longer, because who knows if you will ever get your credit even if you do take them to court, also, how do you know that this woman, who is obviousely angry about the sell of her home isn't going to go in and rip out all of your flooring the day of closing, or rip out plants and shrubs from the front or back yard, and leave you with a total fixer and you would not know until after signing when you get the keys and then you will be SOL. If you decide to go through with this home, when you sign, make sure that the contract is exactly the same and includes all the appliances on it so that they can't pull a fast one on you. |
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Expert Realtor
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Ok, your agent didn't do a very good job explaining to you how things work.
Anything that is hard-wired to the home or permanently attached, is considered part of the home and doesn't even require it to be contracted separately in the MLS or in the real estate contract.
The only exceptions are Stoves and Refrigerators b/c these are free standing and are personal property....however, if it was included in the contract (b/c the MLS is not guaranted to be accurate), then I wouldn't even go so far as to ask for credit, I would ask for REPLACEMENT of the items or no deal.
If you can reach an agreement, do a walk-through the morning of closing to make sure everything is still there.
Stay away from transactions that get this complicated/dramatic...there are too many houses on the market for buyer's to have to fight these battles. |
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