When one bids on a unit based on the listing sheet & visits, then the seller changes many listing items after a contract is signed, what is?

Asked by Anita D., Chicago Heights, IL Sat Sep 12, 2009

recourse? If listing says parking available, w/d/ in unit, storage available, curtains included and all that is removed after the contract has been signed, is the seller operating in good faith? Could it be an issue of discrimination? What is buyer's recourse, if any?

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James Gordon…, Agent, Hamilton, OH
Sun Sep 13, 2009
Anita the items that are to be included with the transfer of the property need to be included on your purchase contract. The listing sheet is an offer for sale your purchase contract spells out what is included in the purchase.
In a Condo parking available should not change, storage available may change if the storage units have a seperate tax APN and you did not include it in your purchase contract. Personal items like the washer and dryer or curtains would not be included unless you wrote them into your purchase contract.
I doubt if this a discrimition thing more likely a seller being a bu**head. I have run into situations where the seller was taking things that were written into the contract . They either put them back or we worked out the value and the seller paid for the items that they took. It works out a whole lot better fot the seller to replace the items as the value of a 5 year old washer is minimal but if you have to go out and buy one it is 400.00+.
Web Reference:  http://www.Find1Home.com
1 vote
Edith Karoli…, Agent, Winnetka, IL
Mon Sep 14, 2009
Hi Anita,
When did you find out that items where not in the unit anymore.....
It is less important what the listing sheet says than what the contract says...
The contract should stipulate clearly all items included BUT MORE IMPORTANTLY if the Seller intends to not leave items that you have seen when you made your initial offer, then the seller must stipulate so when your offer first is presented, like tell you before making a counter offer, that the washer and dryer is excluded, that the lights in the dining room are included and that they will take the curtains in the master because they match the bedcover etc...... Often Listing agent put signs on those items, so that potential buyers know from day one which are those items that are not included in the asking price and that the buyer either can negotiate as to be included with a certain price offer, or offer simply less because they will have to buy a washer and dryer and lights etc.

Did you make the offer with a Realtor?
Look at your contract, somewhere all items included should be marked as included, for example
all lights, all tucked down carpeting, all attached shelving, curtains, storage unit...... And as far as parking your agent should double check and make sure, if parking is owned, assigned, or ........

So read your contract first and look what was written into the contract as being included or excluded......
Hope all goes well for you.....
If you have any further questions or need assistance your agent who wrote your offer and negotiated the terms on your behalf should be able to explain and show you the details of the contract...

Did you do a walk through before the closing...... that should have shown you a day before the closing what was left, what was removed and you could have compared to the contract items and then discussed the missing items at the closing to come to an agreement then... about any discrepancies...

Good Luck to you!
Edith Karoline - YourRealtor4Life!
Working always in the very BEST interest of her clients....
0 votes
Shivers, , Chicago, IL
Sun Sep 13, 2009
I agree with James. That's why you do a walk-thru prior to closing. If items are not there as on your signed contract, seller is responsible.
0 votes
The Hagley G…, Agent, Pleasanton, CA
Sun Sep 13, 2009
It is your buyers agents responsibility to make sure that the home is delivered as listed......your agent should have access to the original listing and demand that the items be replaced
Web Reference:  http://cindihagley.com
0 votes
Debra (Debbi…, Agent, Livingston, NJ
Sat Sep 12, 2009
Hi Anita
A seller cannot just arbitrarily change the terms of a contract once the contracts are fully signed. Since, as an agent, I can't give you legal advice, I would strongly suggest you take this up with your Realtor, assuming you are using one, AND, most importantly, a real estate attorney.

Have you been contacted by the seller to say that they are making those changes? Have those items already been removed, or are you just fearful this will happen?

I don't see that this has anthing to do with discrimination, but you certainly should have legal recourse to make sure the items are not removed from the house.

Best wishes with your sale..
Debbie Rose
prudential NJ Properties
0 votes
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