Condition of property: Unless otherwise agreed: (1) the property is sold (a) in its PRESENT physical ("as-is) condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Seller at close of Escrow.
Item B states-Buyer has the right to inspect the property and, as specified in paragraph 14B, based upon information discovered in those inspections; (1) cancel this Agreement; or (ii) request the Seller make Repairs or take other action.
I am so sorry that this has happened to your sister. Unfortunately, I have seen this happen time and time again where people who are losing their home either to a foreclosure or a short sale feel "entitled" to be able to take these items. They go with the house and are considered "built in items".
My suggestion to you is to have your sister speak with her agent and have that agent speak with the listing agent and see what they can do about it. I recently had this happen and we reduced our offer to the bank due to some appliances being taken after our offer was written and we told the bank why we reduced our price. It does not mean the bank will do it as every case is different. Your sister at that point will have to decide if she wants the house without those items. If she does, she can move forward with the sale of the home. Every sale is different and every seller is different. I hope she has good luck with this. I am sure the home is going for a great price now. Let me know what happens.
Joan Patterson, B.A., G.R.I.,A.S.P., Realtor, License #01431647
Keller Williams Realty
Please have her buyer agent pull up most recent comparable sales, it's possible that she's still getting the house for a great deal & those items are rather minor, in the grand scheme of things.
Realtor Since 1996
Short Sale Expert
It's not uncommon for a short sale to be the result of a nasty divorce - one of the divorcees is named on the loan, and the other is not. The divorcee who is not on the loan thinks they have nothing to loose by absconding with the appliances or anything else of value. The lienholder will often take too long to agree to an allowance for appliances, in which case your sister has no choice other than to go forward with the sale, sans appliances, or walk away.
Legally, your sister has recourse against the seller, yet practically speaking, getting compensated may be all hassle with no results.
It's this kind of stuff, along with other pitfalls, that gives short sales a bad reputation.
We cannot give legal advice but we hope our answer will clarify the situationiedsceg
The bank is just as likely to refuse the lower price as to drop it. The seller has acted in bad faith toward your sister, the bank, their own agent, and this nation of laws. After such an egregious breach of contract, the seller does not deserve any forbearance now from the bank. The bank is within its rights to throw out the short sale agreement, and proceed with foreclosure.
I usually have sympathy for foreclosure victims and short sellers, but this seller is an all too common bad exception. Yet another short sale horror story. Of which there are many. Buying a short sale is almost always a bigger gamble for the buyer than a normal buy or even a foreclosure buy.