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My agent left all the amenities off the original contract abd blaming me for not asking her why?

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We in in the processof purchasing a home. A Home protection Plan, Top of the line washer dryver and stainless steel applinces were offered in the sale. The agent ood and ahhd over all the amenities, but negelected to put them on the contract. She stated banks don't like personal property on contracts and those items have to be negotiated. Not knowing alot about contracts, we did not know these items were to be on the contract. The buyers were under the impression that we were not intered in these items. Now we are really not on speaking terms with the agents because this was a 4,000 dollar mistake. She has since contacted the sellers and got the home protection but stated the appliances have been sold except the refrigerator in which we can buy for 650.00. We tried to rescind our counter offer and send a lower price but the sellers rejected it. We went through the roof and contacted a lawyer and requested that since our agent made the decision not to put these items on the contract she should pay the 650.00 as well as replace the appliances that were sold. We spoke with the broker who was told it was our fault for not knowing to ask question about the contract. We love the home and don't want to back out the deal but we don't want to lose $4000 either. Advise?

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November 06 - Saint Louis

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Tiffany Bond, "TiffanyBond"
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Pasa: I *think* that what it advertized in the mls is an offer, and essentially where negotiating starts. If the actual contract does not stipulate which appliances (if any) are included, it could be concluded that the appliances were left out in favor of a price consideration (or at least that is a bargaining option). In fact, this may have been quite likely a consideration for the seller ("Well, they didn't want the appliances, so I guess we could sell those separately and drop the price some.")

Like Rob said, many states have check boxes on the MLS forms for which appliances are included (Washington State does, for example). If the boxes weren't checked, the applainces (except attached fixtures, like built ins) aren't included. The buyer signed that contract. Now if there agent represented they would be included without specifically including them on the contract and the buyer has proof (say an email, where it is in writing), the buyer may have a claim. But unless it goes the small claims route, it is unlikely they will recoup more than they spend pursuing it.

This is not a legal opinion, just a personal opinion and I am not a lawyer, just trying to remember back over a year to my contracts class. (For a legal opinion, please see a licensed attorney in your jurisdiction).

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November 07

Pasadenan
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Since you state it was a "short sale"; I believe your realtor advised you correctly to leave out the appliances from the offer as that money wouldn't go to the lending institution, and the lending institution was already taking a loss.

THUS, it is the "advertiser" (the seller's agent) that is "at fault", and should be SUED for "false advertising". But you better have clear documentation and a copy of the original advertisement, and evidence that you offered at least what was asked for in the advertisement.

If you do decide to sue, I would do "small claims" court as you won't need to hire a lawyer, the filing fee is fairly small, you can file for up to $5,000, and you can waste enough of the realtor's time that they may just settle with you to avoid wasting their time.

Now if it wasn't a "short sale", I would sue your own agent for breach of contract and not representing your interests, and would also file formal complaints with the better business bureau, the local realtor board, and the state board since it is clear that the realtor intentionally ripped you off under those conditions. But you better have the documentation or you are wasting your time and may be required by the judge to pay the other party's legal costs.

Most people won't sue nor even file a complaint as they just don't want to spend the time and the effort. So, you can stay mad for decades, or you can decide earlier to just forgive them and let it go.

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November 07

nealadler
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That's unfortunate. However it depends on what you state law says. I'm not an attorney and do not give legal advice. However, in California anything afixed to the property is considered real property. If it's not inlcuded in the sale the seller theoretically should have excluded those items from the sale. If they are appliances and not fixtures these are typically 'negotiable'. Most lenders do not like to see personal property as part of a real property contact. The reason being as they would would needed to be valued and this is not part of the transaction and might reduced the value of the house. In my experience items such as these are negotiated separately and a 'side agreement' between the seller and buyer determine the price of the items. You may wish to contact an attorney, but if the value of the disputed items are about $4,000 it may not be worth it. Don't let this get in the way of the transaction. You might want to contact your agent and arrange a face to face meeting with your agent, the seller's agent, and the sellers to work out a solution satisfactory to all.

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November 06

Jason Bonas, "Jason Bonas"
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as RE laws and regs vary slightly state to state you may not have much recourse. you are given ample time to discuss the terms before you sign. you are then given time to review the contracts over and over. In regards to lenders not wanting tosee too much personal property.That is true but, that is usually based on the price being increased to reflect the inclusion of such items...i.e.- giant tvs, high end stereos, Expensive artwork etc... For those things you would need addition paperwork. With that said if the only things that you are referring to are a washer, dryer, and fridge It should not been too much of a problem (again this can vary by state). if they are listing agreement stated that those items were excluded to begin with then it is understandable as to why your agent did not attempt to put them into the contract (check the MLS sheet).

Also you are not losing $4k because your offer was not based on the inclusions of these items (& resale on those items as a whole couldn't be 4k if it is just a fridge, washer and dryer and they fridge is being sold for $650) . If you are really that unhappy with not having the items included then walk away (but, if you went house shopping and not appliance shopping this should not be an issue)

i can almost promise the total on those items sold for 2k at most. the fight for them will probably not be worth it.

as I let people know your best bet is to let others know you were not satisfief with the service the agent provided. that is your best bet.

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November 06

-Penner Law Firm - -Hartford Title-, "pennerlawfirm"
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As a disclaimer, everything I say here is a general response and should not be taken as a legal opinion. That being said: you have really no recourse against the sellers, in my opinion. You signed a contract stating what you were getting. It did not include those things. In fact, your contract probably (obviously I haven't seen it) states specifically that it is the entire agreement (in other words, no oral agreements).

One exception: if the stove has been sold, you may have an argument there, especially if it is a gas stove. You may be able to argue it is a fixture. No other appliances would [generally] be considered fixtures.

You MAY have recourse against your agent, if your agent was providing bad advice. That will depend on what exactly has been signed and said. You really must consult a real estate attorney. Purchasing a home without an attorney is a Very Bad Idea.

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November 06

agentblu15
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bottom line: if you like the house (the actual, physical, structural house), you shouldn't worry too much about the "accessories" or let those items make your decision for you. While it's true that the appliances in the home may have cost $4000 to buy it's also probably true that you don't NEED a top-of-the-line washer and dryer, or stainless appliances. You can probably outfit the home with good-quality, functional appliances for $2500, maybe less if you're willing to buy scratch & dent.

I understand that you're upset about the loss of these items, and mad at the agent for the way it was handled-- but you shouldn't let those feelings blind you to the bigger picture. You're buying a HOME, and your decision to purchase should be based on the home, not minor accessories. If you buy a HOUSE that you're happy with, you'll probably still be happy with it, and be enjoying it, long after those appliances have worn out and been thrown away.

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November 06

Tiffany Bond, "TiffanyBond"
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I don't know that there would be much recourse with the agent (this is a question for an attorney to answer, as I am not qualified to be an expert on it). However, if it wasn't in the contract, and you had the opportunity to review the contract multiple times, I'm not sure anyone is technically at fault but you. The contract is supposed to include every single term, item, etc that is a part of the sale - so if there is a discrepancy, you go back to the contract and it tells you what you are entitled to and what your responsibilities are. You have said your contract does not include the appliances and you agreed to whatever the contract says with your signature.

Incidentally, I have never had a lender get upset over appliances. They are extremely common to have included in the sale. I have even had offers where buyers wanted artork or other non-traditional items included, again with no issues. I imagine a lender would probably get persnickety if you tried to include, say, a car or something uncommon to include in a sale of high value.

It is a frustrating situation, but one for which you have responsibility. Ultimately, you are the one who has to live with the contract.

Please note: the above is a personal opinion, and not a legal opinion. For a real legal opinion you should contact a licensed attorney in your jurisdiction.

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November 06

Cindy LaPeer, "cindylapeer"
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What does the original listing say? If it says that they are included with the sale, you may have some leverage against the sellers. However, without it being in writing on a contract, your only recourse is w/your agent.

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November 06

Roberto Ribas, "azrob"
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frisky:

attached items are part of the home. Stove is considered as attached, though honestly an electric stove plugs in the same as a fridge, which is not considered attached...

The agent should have spelled out exactly what the buyer's wanted. Our state contract here in az makes it quite obvious, so a buyer would probably think to say, "hey why didn't you check the fridge, washer and dryer? I want those!" if the agent didn't mark it.

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November 06

Stephanie Grossman, "stephhug"
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Stephanie Grossman, "stephhug"

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Its true that the banks sometimes do not like personal property on a contract, but that being said it is very common for a seller to leave the refrigerator, washer and dryer. Especially if it is being offered up front! On the St. Louis contract, there is a paragraph to fill in any inclusion in addition to the standard fixtures. The agent shiould have written in "refrigerator, washer and dryer, adding no additional value." That verbiage allows the items to stay and satisfies the bank. A home warranty will no upset a bank at all whatsoever, so that absolutely should have been written in Special Agreements - seller to provide a one year home warranty for $XXX.

If something isn't written in the contract, it isn't enforceable. So even though these things are being offered on the marketing information if they aren't on the contract, they won't stay.

The agent screwed up and needs to remedy in some fashion. I don't think its reasonable to ask her to pay for everything, but some kind of compromise should be met. Maybe just asking her to pay for the refrigerator. While she is your advisor and you trusted her, you also have some responsibility for not having any sort of agreement about these items, that are so important to you.

Its definitely not worth losing the house over - and if you have an accepted contract, you don't have grounds to back out. In the long run, it might just be easiest and cheapest to see what you can get the agent/brokerage to agree to, and accept that as a settlement. Hiring an attorney over a washer and dryer seems drastic and expensive!

Good luck. I hope things work out.
Stephanie Grossman

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November 06

frisky1
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Azrob, although I agree with you in general (and basically said the same thing in my last paragraph), built in appliances are part of the house. And the seller must ask for them if they want them excluded. Other than the W/D and fridge, we don't know what other appliances this guy is talking about but I'd assume a stove, dishwasher, maybe built in microwave and who knows, maybe the fridge is built in. I hope you're not going to tell me that the seller of a million dollar house can rip out a 6 burner Wolf oven and replace it with an apartment grade deal prior to closing and not get in legal trouble even if the buyer does not specifically ask for it.

Its the same thing with window treatments, door handles, that special mermaid light switch in your daughter's room, anything nailed, screwed, or fitted into the house. buyer can absolutely make a stink about it if the seller takes them even if they don't ask in the contract. The seller has to specifically ask to take them.

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November 06

Roberto Ribas, "azrob"
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frisky, you are incorrect.

The listing is an advertisement only. If a buyer wants to have personal property with the sale the buyer has to add it in to the contract. Now, obviously the agent should have done this, and these buyers have been badly served by the agent, but it will end in a he said/ he said conflict, and be very hard to prove that they really wanted these items at the time.

The contract says this in most states in pretty plane English, for example the AZ contract says "Additional personal property to be included in this sale... " followed by a check box for refrigerator, washer, dryer, and several lines to write in "other personal property"

So, I know nobody likes to read contracts, but honestly if you don't check the three boxes, you can't complain about not getting the appliances.

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November 06

frisky1
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It always amazes me that people buy homes without lawyers. In NJ you have to sign a paper with your offer (Opinion 26) that calls you an idiot for not using an attorney.

If the listing specifically stated that the appliances and home warranty are included then I'd say you have some kind of case. It would be up to the seller to opt out of giving those things to you in the contract (perhaps because the sales price was too low). its at least a case for Errors and Omissions insurance and potential recourse from your agent and their broker.

oh, and usually there are 3 little lines in every real estate contract where you write in a few higher ticket items like: all appliances, swingset, riding mower, home warranty, etc. Sometimes there's even an "Inclusions/Exclusions" field where you can write 'as per listing' or something like that. That is very very standard. If its more than a few items, then yes you would draft up a separate agreement but if your agent told you otherwise, they lied to you.

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November 06

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My agent left all the amenities off the original contract abd blaming me for not asking her why?

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