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Asked by Sherri Maken, North Carolina Sun Aug 17, 2008

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Alan May, Agent, Evanston, IL
Sun Aug 17, 2008
Added the refrigerator, washer & dryer by mistake? I'm sure there's a story in that.

I'm assuming that you were the seller in this transaction (even though your icon says 'home buyer'), and now that you've signed the contract, you have to leave the R/W/D behind, and you want your Realtor to compensate you for their loss.

Let's assume, for the moment (since your agent has already taken responsibility) that it's her fault. She's offering to give you the depreciated value of the items. I presume they weren't brand spankin' new, so she's offering to give you their "market value". And if I'm reading you right, you want her to give you the full replacement value so that you can go out and purchase brand new appliances for the new home.

It's not reasonable to expect her to put you in a better position than you were in, prior to the mistake. She's giving you enough to pay for the appliances that she "handed away" in their current condition. In order to bring yourselves up to brand-new status, you may have to add some money to the pot. Seems like a reasonable solution.

It's not reasonable to expect her to make you "better than whole".
2 votes
Jeanne Feeni…, Agent, Basking Ridge, NJ
Sun Aug 17, 2008
Hi Sherri, probably not what you want to hear, but it sounds to me as though there was shared responsibility here - no one can force us to sign anything. Was the inclusion of the Refrig and washer/dryer central to the success of the sale, then it may have been a small price to pay to seal the deal. Perhaps the agent was too forceful and not clear. But the decision on accepting the terms of a contract ultimately are in the hands of the seller/buyer, not the agents.

I would step back and evaluate the big picture. The wording of your question suggests to me that this was on your sale side. If so, at least in my area, sales are sluggish and if it takes a used refrig and washer/dryer to seal the deal, it may make sense.

If you are not satisified with the service/settlement, ask to meet with the manager/broker of the office to air your grievance.

Good luck to you!

Jeannie Feenick
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1 vote
Bill Eckler, Agent, Venice, FL
Sun Aug 17, 2008

Jeanne's answer is solid and represents a clear appreciation for the best interests of both sides.
0 votes
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