Question
Seller removed all the appliances from the house -- what can we do?
We’re buying a home in Florida. It's an approved short sale that's already under a fully executed contract. The contract stipulates that all appliances (refrigerator, range, washer, dryer) are included in the purchase--all were present when we were shown the house. We're about two weeks away from closing and recently entered the house for the inspection and all the appliances were gone. The seller's agent said they never meant them to be included (though both she and the seller ignored the opportunity to add any exclusions to the contract). FHA requires that the house at least come with range to secure FHA financing (again—FHA financing is one of the contingencies in the contract). The seller's agent's position is "Too bad." She says that the seller can't afford to replace the appliances, so we're out of luck. Because this is a short sale, the seller's bank won't allow any negotiations concerning the sale price or the seller contributing an appliance allowance. My question is: What is our recourse? Or maybe the better question is: Are there any repercussions for the seller if they refuse to honor this aspect of the contract? I’ll find out more from both our agent and our lawyer soon, but I hoped someone here might have an idea. All parties have signed the contract. Thanks for all the info so far. If we do delay closing due to this, can the seller simply decide to cancel the contract and put it back on the market. If they do cancel, are we out of luck on what we've spent so far? I know we'd get our deposit back, but what about the $800 we spent for inspection and appraisal? Ultimately, we really want this house, but we want and need the appliances.
3 months ago - 7 answers
Best Answer
Chosen by Asker
While its true, it is a breach, what can you really do? Are you going to try and sue the seller, who is doing a short sale and probably doesn't have any money to give? The contract is contingent on 3rd party approval, so the seller can back out without any recourse, so yes you'd get your deposit back, but not your inspection money. As they say, Buyer Beware, you must now decide if the home is still worth what your paying without the appliances and if your going to have the money to replace them. If so, then just move forward, as I don't think it would be worth the fight. If not get your deposit back, lose the money already spent, give some more money to a lawyer who will sue them, and hope that in the next 20 years the seller comes in to money and is willing to pay off the judgment you placed against him. That is of course if he doesn't file BK and wipe you out. Also remember, he's walking away from tens, if not hundreds of Thousands of dollars in debt, he probably wont care about your couple thousand dollar request you have. Sorry, I'm not trying to be negative, I'm simply trying to show you the big picture, as it gets back to the whole "cut your nose off to spite your face" and I just don't think it would be worth it, even if you are in fact entitled to everything. Best bet would be to speak with an attorney, if you still feel strongly. Good Luck
by ceppym
3 months ago
Asker's Rating: 
Other Answers
Well it sounds like a breach on contract. If they never meant to then they shouldn't have put the ruddy thing in there. They can't put it in a valid contract and then take away what they promise. Have you signed it? There may be a loop hole if you haven't signed the contract. That's a bs change of heart. Have you signed it? Because if you have you've got legal document that says this stuff is included, and both signatures confirming that you've both agreed on it, and fully understand these terms. If you have signed you can try and go for a breach of contract because that's stupid. You've both agreed, signed, and everything is confirmed. I took a law 12 class once, but you can try for that, depending upon other factors. I would wait for your lawyer to call back. If you have you can make a dispute about it, or buy some if you can afford it or bring your own in if at all possible. Considering you have signed, and there are no negotiations, you may have to buy or walk away from this. You were right to go in for an inspection. Things can change quickly but this could get messy or end in a not so great deal for you because it's involving the bank and there are no negotiations. If there were you could say she has to honour the contract and keep the stuff at the house or find a way to get new appliances somewhere or take the house of the list. Actually you can say that anyway because she's breached the contract, a legal signed contract and see where that gets you =) I say tough to her, you shouldn't have put it in there...what a twit...sucks to be her. That's why you have to be careful when selling your house..
by Hillier- 3 months ago
If the contract states that all appliances are included, then it's a breach of contract on the seller's part!
by Huong- 3 months ago
I was looking into a short sale too and that exact concern came up. My real estate agent said we can add "including appliances" and a requirement for a pre-closing walk through. If they do remove the appliances, that is a breach of contract. You can either demand they replace the ones prior to signing the closing documents or you can deny the close. It is legal to demand the replacements and/or deny the close. Remember, the sale is not finalized until the closing date and you finish signing all the legal documents. Talk to your agent, lender, and potentially a lawyer. But you have a lot of power because you found this before closing. realestate ... The following website states: "Final walk-through inspection - Make sure that your contract allows you to examine the property within 24 hours prior to closing. This is the buyer's last chance to make sure that everything works, and that the seller has vacated the house, leaving the appliances or property in agreed upon terms. If, during the walk-through, the buyers find major problems or violations of the purchase contract, they have the right to hold up the settlement until things are fixed." [EDIT]: Until closing, the seller can cancel the contract for any reason and so can you. I talked to my co-worker and he said not only did he do that to a buyer, a seller did that to him also. And yes, if they cancel, you will only get your deposit. However, there is motivation on the seller's part to close. If you do not close, he will need to find another buyer and proceed with that long process. He might not be able to replace those appliances too. So when negotiating, try to keep in mind not only can they kill the contract but they might not be capable to replace them anyways. Good luck. I hope what you do will get what you want. :)
by Kitty Kat- 3 months ago
All you can do is sue the seller for breach of contract after you close.
by Great Scott- 3 months ago
I think you can go to small claims court, after the sale is completely final. Make sure you have as much evidence as possible. Photographs of the spaces where appliances would be with a date that is prior to you moving in would help so they don't try to say you disposed of the appliances yourself. And, try to get the seller or the seller's agent to admit the mistake in an email or written note. And, of course the paperwork that says you are supposed to get the appliances.
by Valerie- 3 months ago
The answer is simple. You inform the listing agent that items included are no longer present in the house, and that you will not be closing until they are returned. Then stick to your guns and refuse to close until they are returned. That the sellers 'did not intend to include them' is quite irrelevant. They DID include them in your contract, and you deserve to have them back. This is a problem for the selling agent and seller to handle. Your recourse is to sit back and wait for them to remedy the problem. If you close without the appliances, you're on your own. You're not 'out of luck'. The seller is the one out of luck, since their house will remain unsold until they take their heads out of their backsides. Same goes for their agent.
by acermill- 3 months ago