Home Buying in 33312>Question Details

Mtdn, Home Buyer in Wilmington, OH

we are buying a house and the appliances were stolen, the seller got a check from her ins but it isnt enough to replace what was there,what can we do?

Asked by Mtdn, Wilmington, OH Mon Sep 27, 2010

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we ended up just taking what the sellers insurance gave her. the real estate agent told us thats all we could do or delay the closing and we couldnt do that because we had renters moving in our house we were moving out of.
1 vote Thank Flag Link Fri Sep 30, 2011
Sept of 2010... been over a year... what happened?
0 votes Thank Flag Link Fri Sep 30, 2011
Have your agent write an addendum asking for a reduced price to make up for the stolen appliances. Always remember to refer to your contract on what was included.
Good Luck!

Susan Penn, PA, EWM Realtor
http://www.susanpenn.com
0 votes Thank Flag Link Thu Sep 29, 2011
It is clear and simple. If the contract ( and most contract include this) say that you as a buyer should receive the property in the same condition as you viewed it with all the appliances, improvements and fixtures, except otherwise disclosed items not included.
If the seller has no money to replace I suggest to have an addendum to give you cash back at closing to replace the missing items.
Good luck.

Sincerely,
Andrew Muller
Weichert Realtors, Best Beach Re
Weston
305-343-1135
Amuller@bestbeach.net
0 votes Thank Flag Link Wed Oct 13, 2010
You should ask for more credit from the seller. It just happened to my client and we simply asked for credit to purchase missing appliances which were present when we submitted an offer.
0 votes Thank Flag Link Sun Oct 3, 2010
I agree with Patrick. The seller has to sell you the property in the same or better condition as when you submitted your offer. This goes for bank owned properties as well. If it is a foreclosure, ask your agent to obtain two quotes for the stolen appliances, and ask for a reduction of the sales price of the lower bid. Include the two bids with the amendment.

As an agent who lists foreclosures, I have had this happen before. And the bank/seller did reduce the sales price.

Best of luck to you!
Web Reference: http://www.DesariJabbar.com
0 votes Thank Flag Link Mon Sep 27, 2010
The "used" value of those appliances is probably what was paid in the insurance claim, unless her policy allowed for "replacement" cost. Did you see the actual insurance check? The Seller may want to dispute the amount paid to see if the Insurance will increase the settlement amount.

Otherwise, depending on the terms of your contract, the Seller may be able to use the insurance payment to buy similarly aged similar appliances and install them. http://www.Craigslist.com is a good source for used appliances.
0 votes Thank Flag Link Mon Sep 27, 2010
If this was a short sale or REO property, you will have to take it up with the bank that is handling the sale. It happens quite often with these types of sales and every bank will handle it differently.

If this was a regular transaction,(non distressed no bank involved) the seller needs to transfer the property in the same or better condition at the closing as the property was when the offer was accepted. So if the appliances were there, they need to be replaced with the same or better then what was there at the time the seller accepted the closing, or make up the difference to cover the replacement.
0 votes Thank Flag Link Mon Sep 27, 2010
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