Thanks Guys: Our agents, both buyer and seller agent, apparently want us to work it out independently - as our agent gave the seller our contact information (hence how this whole thing started .... when they emailed us).
We spoke to the seller, who although understanding, doesn't have to do us any 'favors'. It isn't in the contract; they 'spoke with lots of people viewing their house of a long period of time and don't recall specific converstions', etc.
In the end, we can't really argue with it as it's our mistake for not understanding the contract/realizing the stove/refrigerator were freestanding/working with a neglectful realator.
But sorry, to say, things like this really give realtors a bum rap. - Thu Jun 4 2009, 14:53
Hi Michael: Thanks for your reply. So, other than tell our agent that we are disappointed, there is no recourse, correct?
He gets paid in full whether we are satisfied with his services or not....ugh..... - Thu Jun 4 2009, 11:48
Hi JR: This is in Buffalo, NY, Erie County. There is no "checklist". We spoke to our "realator" (who sold our house and then was showing us houses to buy) who didn't have much to say on the matter other than that he didn't know that he wanted the appliances. Our lawyer says the same, that we needed to specify items that are "freestanding" like a refrigerator and stove in the contract. We did not realize that a refrigerator and stove were "freestanding"
You say that you stated that "realtor" "would have nothing to do with the contract?" He is the one that sends it to us/looks it over/etc. He should absolutely be reviewing it and guiding us...no? Then what is the role of the Buyer having an agent? - Thu Jun 4 2009, 10:03
Just checked the MLS - there is no mention of any appliances, included or excluded. Ugh! Thanks so much for all the answers though!
Again, we think that our realator should have walked us through this process more diligently! :( Lesson learned. - Thu Jun 4 2009, 08:31
Thanks Joe - The house was for sale thru an agent, but we do not have the MLS listing to view if the appliances were listed in it. Both times we viewed the house the sellers were on premise, we were with our realator. We asked the sellers 'what says and what goes', and than operated under that assumption throughout the process.
Our realator never explained to us that we needed to specify the stove and refrigerator in the contract. In our opinion, that is what he gets paid for (to act in our best interests and guide us during a sale!). I realize that there is error on our part (not understanding the contract in full); We are just trying to see if we have any recourse. - Thu Jun 4 2009, 07:21
Under the Property, Fixtures and Other Items section, the contract reads:
Unless excluded, the following items are included:
If presently on the Property and unless free-standing, all cabinets, shelving, dishwashers, refrigerators, ovens, ranges, microwave ovens, trash compactors, humidifiers, dehumidifiers and air filtering systems.
Under Excluded Items, only furniture and household furnishings are listed. - Thu Jun 4 2009, 06:52
One more question: Colleen - in the Buffalo area, isn't this the job of the realtor to inform us that we need to include that in our contract? - Wed Jun 3 2009, 18:42
Thanks for your answers! The Agent was present during these conversations, and we had discussed it with him, (like when we were comparing houses, we were comnparing appliances to some extent!) that is why we are so surprised that he never informed us. - Wed Jun 3 2009, 18:36