Can we delay closing of escrow until a fair resolution is reach regarding items removed from the house after under contract.?

Asked by loong415, Los Angeles, CA Tue Apr 2, 2013

Trees were dug out and remove, garden lights were removed, japanese tea table specifically included in the contract. Water purification system were also removed which resulted to a broken kitchen faucet, a hole on the sink and a broken outdoor on/off water valve. Selling agent is adamant about not fixing it on the basis of as is sale. We just found out...noTDS were submitted, because of a trust sale.

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Dorene Slavi…, Agent, Torrance, CA
Fri Apr 5, 2013
My Goodness! I stand by my earlier advice that you should talk to a Real Estate lawyer about this.
0 votes
carlos parra…, Other Pro, Monrovia, CA
Wed Apr 3, 2013
Yes you can, document everything in writing and with photo's. Specifically address contract issues. "as is" sale was on date of showing. Seller has no right to alter premises from what was originally represented prior to close.
You probably need an attorney, especially if your Agent/Broker are not strong.
Is there a Bank involved in funding?. Was there an appraisal? This would obviously affect the appraisal value. Bank may pull funding.
0 votes
Kathleen Bec…, Agent, Santa Monica, CA
Tue Apr 2, 2013
If the items were included in your contract, you can hold up the funding and recording until some agreement is reached. However, it may cause other issues. Also contact a real estate attorney for advice.

Good luck!
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John Arendsen, Agent, Leucadia, CA
Tue Apr 2, 2013
Can't give you legal advice and at this stage of the game that's what you might need. However, common sense has to tell you that you can't remove "Real Property". Trees are real property. You have a way to go. I'd start by letting your RE agent know that you are not at all happy with this.
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James Sanchez, Agent, Burbank, CA
Tue Apr 2, 2013
Don't think you can delay escrow... surprising how your agent didn't tell you the TDS disclosures weren't involved, every agent knows that. Mark everything down on your VP form, and start saying you are going to take people to court... it might get you a couple of bucks in your pocket but as to getting all the items returned, don't think so.

Good luck.
0 votes
Bitania Girma, Agent, Los Angeles, CA
Tue Apr 2, 2013
Yes you can. If the items were stated on you RPA & both you & seller signed the contract.

Good luck!
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