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Stefanie
♥
Member since 5/05 23599 total posts
Name:
Stefanie
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Change of contract *FINAL UPDATE First post*
So we signed the contract and wrote that big check. I get an e-mail from my lawyer today saying there are some exclusions added to the contract.
WHAT??? They want to take the refrigerator, the freezer in the basement, the chandelier, the ceiling fan (to be replaced with a light bulb), the basketball hoop (which is cemented into the front curb) and the basement a/c (and leave a big hole in the wall).
I didn't sign the contract with these exclusions...so the items that they NOW want to take with them are technically mine, correct?
Nothing ever runs smoothly.
Final Update
After arguing all day yesterday...our lawyer e-mailed us a form from the sellers lawyer that states we are getting everything...the fridge, the freezer and the a/c. We're letting them keep their ceiling fixtures. They are also taking the basketball hoop from the front. The lawyer also stated that if there is any damage from removing the hoop, the seller will fix it.
Woo hoo!!
Message edited 11/15/2006 2:26:52 PM.
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Posted 11/14/06 12:47 PM  |
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Marcie
Complete Happiness :)
Member since 5/05 27789 total posts
Name:
LOVE being a Mommy!
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Re: Change of contract...
They should have said that before
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| Posted 11/14/06 12:48 PM |
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mrsmck
Be a big girl!
Member since 5/05 4898 total posts
Name:
Donna
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Re: Change of contract...
Everything should've been gone over and items added/deleted before both parties signed the contract.
Sorry you're going thru this!!!!!
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| Posted 11/14/06 12:54 PM |
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Bxgell2
Perfection
Member since 5/05 16438 total posts
Name:
Beth
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Re: Change of contract...
Wow, that takes some nerve. If both parties already signed the contract, they have no right to the exclusions, though they could make life difficult for you. Would you consider giving them the exclusions in exchange for a reduction on the house? The sellers of our house wanted to keep some old bookshelves that had sentimental value - we had no problem with it considering we were going to demolish them anyway, but we got them to sign an addendum agreeing to hire a carpenter to remove them AND spackle and paint... so if you don't have a problem with some of the items, you can always agree to an addendum that requires that they make the necessary repairs to the house, or provide compensation. Otherwise, I would refuse because by taking those items, they are reducing the value of your house!
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| Posted 11/14/06 12:57 PM |
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alisonggg
Cutie
Member since 3/06 4749 total posts
Name:
a
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Re: Change of contract...
thats a real pain....i'm sure it will all work out but it stinks you have to deal with the headache of it
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| Posted 11/14/06 12:58 PM |
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mommy2bella
Where does time go?
Member since 12/05 9747 total posts
Name:
Kelly
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Re: Change of contract...
I agree with Beth, these exclusions should mean a reduction in the price you are paying for the house...
have your lawyer go back with that. . .
maybe they will change their minds...
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| Posted 11/14/06 12:59 PM |
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Diana1215
Living on a prayer!!!
Member since 10/05 29450 total posts
Name:
Diana
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Re: Change of contract...
That is ridiculous - all exclusions are to be stated upfront. What does your lawyer say?
WHY do people try and take the refrigerators??!!!! Tell them to go to Sears and buy another one -cheap ba$tards!!!!!
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| Posted 11/14/06 1:05 PM |
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betty
My boys
Member since 5/05 4380 total posts
Name:
Beth
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Re: Change of contract...
What a headache!! I agree, once it's signed it's signed as it was.......they should definately have to lower the price if they want all of their stuff
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| Posted 11/14/06 1:16 PM |
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Stefanie
♥
Member since 5/05 23599 total posts
Name:
Stefanie
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Re: Change of contract...
We told our lawyer absolutely not. They better be lowering the price if they think they're taking them.
He's getting back to us today.
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| Posted 11/14/06 1:28 PM |
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dandr10199
Grace is growing up too fast!
Member since 10/05 11561 total posts
Name:
Dina
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Re: Change of contract...
Posted by Stefanie
We told our lawyer absolutely not. They better be lowering the price if they think they're taking them.
He's getting back to us today.
Good for you! That is CRAZY, they should have been up front about the exceptions BEFORE the contracts were signed.
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| Posted 11/14/06 2:14 PM |
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SweetTooth
I'm a tired mommy!
Member since 12/05 20105 total posts
Name:
Lauren
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Re: Change of contract...
thats ridiculous - you can't decide on all those things AFTER the contracts are signed!!
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| Posted 11/14/06 2:34 PM |
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Jessee
LIF Adult
Member since 3/06 1260 total posts
Name:
Jessee
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Re: Change of contract...
That's insane. Unless you those things were mentioned when you were shown the house - that's what you agreed to buy. How cheap are they that they need to take appliances and ceiling fans?
When we bought our home, the homeowner's daughter wanted the tiffany-style lamp in the kitchen b/c it was a family heirloom - but we were told that at the open house, and they replaced it with a nice fixture - not just a light bulb.
Sorry you're dealing with this! 
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| Posted 11/14/06 2:40 PM |
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Eleanor
LIF Adult
Member since 2/06 2223 total posts
Name:
Ellie
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Re: Change of contract...
I believe the contract can be voided if anything is added after both parties sign. But I'm sure you don't want to lose the house. Maybe (especially in this market) they will lower the price, if you threaten walking away.
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| Posted 11/14/06 2:47 PM |
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Tany
Becoming a different woman
Member since 5/05 24460 total posts
Name:
Tania
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Re: Change of contract...
omg the nerve, they better reduce the price.
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| Posted 11/14/06 2:56 PM |
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Tah-wee-ZAH
Kisses
Member since 5/05 15952 total posts
Name:
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Re: Change of contract...
Not only are some of those items fairly "big ticket" but they cause a cosmetic issue.
What do they plan on doing with the gaping whole in the wall from the AC?
Dangling lightbulbs remind me of police interogation scenes in the movies.
Pretty ball zee in today's market.
BTW: I would probably be cheaper for them to buy a new freezer than move something that heavy.
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| Posted 11/14/06 4:07 PM |
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MelissaMac
Life is Good
Member since 6/06 2135 total posts
Name:
Melissa
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Re: Change of contract...
I say re-negociate... I think what they are trying to do is get some extra money for the things that you listed. Did your lawyer have any advice? I think if they take things out of the wall then they should not leave holes...they shoul cover it up.
Good Luck... One of the many stresses of buying a house
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| Posted 11/14/06 5:00 PM |
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june262004
But I love the Snow!
Member since 5/05 15379 total posts
Name:
Kristin
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Re: Change of contract...
Posted by Stefanie
So we signed the contract and wrote that big check. I get an e-mail from my lawyer today saying there are some exclusions added to the contract.
WHAT??? They want to take the refrigerator, the freezer in the basement, the chandelier, the ceiling fan (to be replaced with a light bulb), the basketball hoop (which is cemented into the front curb) and the basement a/c (and leave a big hole in the wall).
I didn't sign the contract with these exclusions...so the items that they NOW want to take with them are technically mine, correct?
Nothing ever runs smoothly.
How can they do THAT. Is that even legal?
I mean really.... The fridge? The basket ball hoop? And the AC in the WALL! The other stuff like the freezer isn't really something that is a must but should still be yours since it wasn't in the contract that its not! And also the light fixtures are cheap to replace why can't the buy new fresh ones for the new house?
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| Posted 11/14/06 5:05 PM |
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eroxgirl
My Loves
Member since 5/05 15697 total posts
Name:
Rebecca
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Re: Change of contract...
Posted by Stefanie
So we signed the contract and wrote that big check. I get an e-mail from my lawyer today saying there are some exclusions added to the contract.
WHAT??? They want to take the refrigerator, the freezer in the basement, the chandelier, the ceiling fan (to be replaced with a light bulb), the basketball hoop (which is cemented into the front curb) and the basement a/c (and leave a big hole in the wall).
I didn't sign the contract with these exclusions...so the items that they NOW want to take with them are technically mine, correct?
Nothing ever runs smoothly.
That is def. NOT okay!! They had better plan on fixing the front curb once they remove the basketball hoop (are they serious with that???) and the hole in the wall that the AC will leave to YOUR satisfaction. The fridge, freezer and chandelier definitely add up to $$$ off your contract too. These people are out of their minds!
Message edited 11/14/2006 5:26:08 PM.
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| Posted 11/14/06 5:25 PM |
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Deedlebugs
Blessed
Member since 12/05 10281 total posts
Name:
Kiki
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Re: Change of contract...
They can only take the refrigerator and freezer, the other items are fixed property and legally are part of the real estate as a whole. They can take the a/c but they have to fix the wall for you otherwise they are breaching your contract. This is not legal at all, too bad for them, but just tell them no.
ETA
If the fridge has an ice cube maker on the door, then they cannot take that either. Only if its a regular fridge.
Message edited 11/14/2006 6:04:46 PM.
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| Posted 11/14/06 6:02 PM |
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Stefanie
♥
Member since 5/05 23599 total posts
Name:
Stefanie
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Re: Change of contract...
Okay...so they are leaving the a/c, the fridge and they are replacing the light fixtures with something other than a hanging lightbulb.
They are taking their freezer in the basement and the basketball hoop. I found out that it's in the dirt and not the concrete. I didn't want that cr@p in front of my house anyway.
I still don't think they are in any position to negotiate.
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| Posted 11/14/06 6:20 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
Name:
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Re: Change of contract...updated in last post.
Posted by Stefanie
Okay...so they are leaving the a/c, the fridge and they are replacing the light fixtures with something other than a hanging lightbulb.
They are taking their freezer in the basement and the basketball hoop. I found out that it's in the dirt and not the concrete. I didn't want that cr@p in front of my house anyway.
I still don't think they are in any position to negotiate.
well I am glad it worked out!!
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| Posted 11/14/06 6:23 PM |
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Stefanie
♥
Member since 5/05 23599 total posts
Name:
Stefanie
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Re: Change of contract...updated in last post.
They must think we're stupid or something because this is our first home purchase...
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| Posted 11/14/06 6:24 PM |
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Deedlebugs
Blessed
Member since 12/05 10281 total posts
Name:
Kiki
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Re: Change of contract...updated in last post.
They were definitely trying to put one over on you.
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| Posted 11/14/06 6:41 PM |
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Stefanie
♥
Member since 5/05 23599 total posts
Name:
Stefanie
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Re: Change of contract...updated in last post.
Well..now we've talked it over and decided that for the things they want to take...we want $$$$ for them...
It wasn't in the contract....so they don't get them...
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| Posted 11/14/06 6:55 PM |
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Deedlebugs
Blessed
Member since 12/05 10281 total posts
Name:
Kiki
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Re: Change of contract...updated in last post.
absolutely!!! You signed a contract, they dont get to decide what you NOW get!!! They should have mentioned this to their agent when she listed the house.
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| Posted 11/14/06 7:00 PM |
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