Profile picture for spartacus2012

Short-sale seller took out Washer/Dryer before closing even though it was in the contract.

Yesterday I had the walk-thru of a property I am closing today. In the contract, the seller agreed to leave the washer and dryer. The seller took it out and will not give it, hence she is breaching the contract. The bank will also not credit it. At this point, the realtor is pushing to close and after three months of process, is questionable to not push forward due to this. At this point, I don't know what else to do other than request an acknowledgement that she kept it?... What are my options?
  • August 13 2012 - Miami
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Answers (19)

Best Answer

Only recourse is to Sue the Seller. They are probably not collectable so then you figure; how much was the washer & dryer worth. How old was it and was it a special size.
Of course you can pick them up cheap these days as used however I agree with you, this is underhanded and I would let all of the neighbors know. This will at least embarrass them. Is not having the qwasher & dryer worth not having this home?
Life can be full of pragmatic decisions sometimes but if you really like the house, go ahead and close.
Can you locate the seller right now? It has not closed yet as far as I understand it and the title company must have some contact information for them somehow.
The lender is of no use so don't waste your time there.
I also agree though that I would make some noise and stomp my feet, even if it ends up being just for show. (Shhh; Don't let anyone know that part.)
Sorry about your experience. They emulate many of our politicians such as the Whitehouse. Liars!
Try and put it behind you if that's the only thing wrong. Be the bigger person.
The Realtors try to keep things on a smooth playing field and almost always do.
This is one that just got away.
Make it a great day and good luck in your new home. You most likely got a good buy so look at it that way.
Take Care!

  • August 13 2012
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This is not uncommon with a short sale. And although I am not sure about Florida law, if this was California, you could not use it as a reason to delay closing.

As Terrie says, you probably got a good deal anyway as it was a short sale. You could go to small claims court but collecting is someting else. It may be best to just accept it and get on with your life.
  • September 14 2014
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Profile picture for wetdawgs
@techeer77:   Make sure it is in writing that the W/D are not staying.   This should be in the advertising, the contract etc.   If not written down, it will be a point of contention.

My neighbor (who was selling) solved the problem of this "negotiating" by going to the used appliance store and spending $50
  • September 14 2014
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Profile picture for Super Agent Marvel
Ask for a credit for the W/D

(darn, old post.... forgot to check the date again)
  • September 14 2014
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I would have had my buyers hold out on closing to force the seller (or at least the seller's agent) to the table to discuss this. The contract (from the details given) appears to have been breached and it sounds like the listing agent failed to expressly exclude the W/D from the listing. At the very least, the listing agent should cough up some value OR replace them with comparable set.
  • September 14 2014
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Profile picture for cnrtool1
I will second the notion of filing a police report.
You paid for them at closing, and someone's actions have denied you of your property.
  • September 14 2014
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Profile picture for Techeer77
I'm having this problem in reverse. I told the realtor that my washer and dryer were not going to be sold with the house. Now the realtor is telling my that the buyers want them. I told her that they are still not for sale and I'm taking them. I don't know why they would want them anyway. They are nearly 15 years old. I don't have any extra money when I move to but new ones and I need them. I'm really upset that they didn't let the buyers know about this in the beginning.
  • September 13 2014
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Profile picture for blank screen EXILED
File 4 small claims cases for $2k each before you close, against the seller's agent, the seller's agent's broker, your agent, and your agent's broker.  And then file official complaints against each of these four individuals with the State Licensing department and with their local board.  Then go ahead and close escrow since it is not worth losing the house over $1.2k.

The seller had absolutely nothing to do with it.  The seller's agent is 100% liable for the loss since the agent didn't explain the contract to the seller, and the agent allowed the property to be removed without giving instructions on items in the contract.  The agents and brokers are getting sufficient money directly from you that this small amount will make a fraction of the difference to them that it makes to you.  Besides, that is why they carry errors and omissions insurance.   This is both their "error" and their "omission".

Just make sure your written contract actually states the appliances are included.

Don't believe that this is "just one that got away"!   That is just Realtor talk for why Realtors should not be held accountable for their outright theft and intentional deception.
  • August 14 2012
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Well, first of all you do not have to close. The contract was breached. Pure and simple do not close. You can't call the police now because technically you don't own them yet. In VA Before you can go to court for compensation and performance you have to go through the REB and get a decision from them. Courts usually don't hear Real Estate cases until the REB as made a decision.
  • August 14 2012
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Welcome to world of short sales.

Call both the Selling agent and Listing agents Brokers. Let them know you will be reporting the theft to the police.

You will probably find your W/D for sale on Craigslist. Maybe you can buy them back cheap.
  • August 13 2012
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Profile picture for spartacus2012
After months in the short-sale process, offering 5k bonus over appraisal just to get the deal, and having the worst experience imaginable with a lender, I do question the $1200 of the w/d over losing the deal
  • August 13 2012
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Profile picture for spartacus2012
With so much demand, the market down here is chaotic to say the least. If I were to backdown from the closing of this short-sale, I fear they would have another back-up buyer ready to jump in. Both agents, seller and bank are looking into their own interest, is a free for all sort of environment, and you, are on your own!. 
  • August 13 2012
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I am wondering if you even have your own agent....

This is not unusal...however your agent needs to stomp their feet, and you need to refuse to close untill the w/d is brought back. Have the title company hold a portion of the listing office commission in escrow until they get the seller to bring it back.

If the realtor is pushing to close, instead of taking care of your problem have them buy you a set.

Realistically there is no recourse after closing...the seller will be crossing the state lines with the u-haul tonight.

Eve
  • August 13 2012
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Profile picture for spartacus2012
Seller will not credit it. Listing agent says the washer and dryer that was there was new and seller was not going to leave it. Yet, he never mentioned this to me or to my realtor. The contract states it was included. In the initial visit, the seller did mention it was new, that she was going to replace it with the original ones, yesterday, when I asked for the originals, she said she does not have them, that they were broken, and she no longer have them. This was all new news. Both realtors are pushing to close, of course. My realtor asked for credit, the listing agent and the bank will not offer any.
  • August 13 2012
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Profile picture for wetdawgs


Where are the seller's agent and buyer's agent in this conflict?

What is a value of a used washer and dryer?    
  • August 13 2012
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You can always get the sellers name and address from your agent and take him to small claims court. Take your sales contract with you to show judge at your court date.
  • August 13 2012
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Profile picture for JC_114
And there is the problem with the police force.  To busy writing speeding tickets and other petty offenses to care about someone actually stealing a thousand dollars worth of appliances.  You can make the police do their jobs if you try hard enough. 
  • August 13 2012
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I doubt that the police will want to get involved. You could always sue for breach of contract in small claims court but typically, at least in the area where I work (San Francisco Bay), the two Realtors would find a way to keep everybody satisfied.

Very unusual for a short sale seller to agree to leave personal property behind, incidentally. I would be very surprised to see that in a contract.

  • August 13 2012
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Profile picture for JC_114
Report them stolen.  You paid for them, they took them.  You can even give the police the names of the people that stole your property.  Enough value their that I am assuming the would be looking at a possibility of actual jail time.  May want to just mention to them that your considering this and see if they return your property.  
  • August 13 2012
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