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njbound07
LIF Adolescent
Member since 4/07 799 total posts
Name:
pimpette
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Seller's want to take appliances
hey there.. i have a question. Our offer was accepted on a house in NJ. on the mls listing the listing said the ALL appliance stays with the sale of the house. But now that we're in the attorney review stage and the seller's want to take the fridge and I think something else. Can this be done? can they take it although the listing description says that app. stays?
Furthermore, when we haded in our bid.. we put 8/30 as our poss. closing date.. the seller's came back send that they want the closing date to be 9/14.. so we said fine.. now that we find out that they want the app. too.. they are now pushing the closing date tp 10/1! the problem is that we already told our landlord that we're gonna be out of here by 9/16-ish.
what is your take on this?
TIA
christina
Message edited 7/20/2007 7:44:17 PM.
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Posted 7/20/07 3:06 PM  |
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laurabora
LIF Adult
Member since 4/07 2712 total posts
Name:
Laura
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Re: Seller's want to take appliance
Hmmm. How frustrating. I'd definitely tell them your offer will be decreased by the amount of a new refrigerator, as that wasn't factored into your initial offer.
How much leverage do you have? Did they have multiple offers? I would push back on the later closing date, especially in this market where they are lucky to have a buyer for their home!
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| Posted 7/20/07 3:10 PM |
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CunningOne
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Member since 5/05 26975 total posts
Name:
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Re: Seller's want to take appliance
Same thing happened to us. DH and I were living in our own apartments, so he was able to stay in mine (like he already was  ) because he already gave notice on his apt. If that wasn't an option, you could always have them pay for a place for you guys to stay for the time until they get out of the house.
As far as the appliances, we told the lady NO. And she came back saying she wanted to take them... So we told her anything she took she had to replace or lower the overall price by that much. She ended up leaving them in the end.
And guess what? They didn't work! and we ended up throwing them out anyway (they were additional fridges and oven because she had a tenant in the lower level).
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| Posted 7/20/07 3:17 PM |
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jes81276
summer fun!
Member since 3/06 4962 total posts
Name:
Jaime
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Re: Seller's want to take appliance
I am almost positive that they have to replace whatever they take. They can't just take the fridge and not leave one in its place.
As far as the closing date goes, we are having the same problem. Our sellers don't want to close until the end of October, and unfortunately there is not much we can do. I think they have 30 days before or after the on or about date in the contract to close. I would talk to your lawyer and see what s/he says.
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| Posted 7/20/07 3:22 PM |
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njbound07
LIF Adolescent
Member since 4/07 799 total posts
Name:
pimpette
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Re: Seller's want to take appliances
Posted by laurabora
Hmmm. How frustrating. I'd definitely tell them your offer will be decreased by the amount of a new refrigerator, as that wasn't factored into your initial offer.
How much leverage do you have? Did they have multiple offers? I would push back on the later closing date, especially in this market where they are lucky to have a buyer for their home!
we don't have that much leaverage at this point. but our lawyer is going to tell them no to everything. we were the ONLY bid in the 6mths that the house was on the market.. and the seller is being a hardazz! oh and we can't decrease on our initial offer  but it was a good thought/idea.
thanks
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| Posted 7/20/07 3:27 PM |
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leese
Sarge!
Member since 5/05 1965 total posts
Name:
Leese
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Re: Seller's want to take appliance
First, even if you agree at this point to a specific closing date, things can always get pushed. I learned that the hard way.
In terms of the items, you are doing the right thing. If it was on the listing sheet and your RE agent/attorney had it down that the inclusions were everything listed, they should leave them. She's trying to do an addendum to the contract but if you aren't for it, then you need to say so.
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| Posted 7/20/07 3:31 PM |
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njbound07
LIF Adolescent
Member since 4/07 799 total posts
Name:
pimpette
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Re: Seller's want to take appliance
we're definitely going to bring this up with the attorney.. and we can not afford at this time to go & buy new appliances.. we are broke! the attorney will get this fixed.. he better!
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| Posted 7/20/07 3:31 PM |
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njbound07
LIF Adolescent
Member since 4/07 799 total posts
Name:
pimpette
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Re: Seller's want to take appliance
Posted by leese
First, even if you agree at this point to a specific closing date, things can always get pushed. I learned that the hard way.
In terms of the items, you are doing the right thing. If it was on the listing sheet and your RE agent/attorney had it down that the inclusions were everything listed, they should leave them. She's trying to do an addendum to the contract but if you aren't for it, then you need to say so.
our REA made sure to check the listing description to make sure that the appliances are included.. when she was writing up the bid/offer sheet. so we'll see what happens.. but thanks for all of your inputs.. I really appreciate it!
btw, this is my favorite section!
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| Posted 7/20/07 3:34 PM |
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Stefanie
♥
Member since 5/05 23599 total posts
Name:
Stefanie
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Re: Seller's want to take appliance
This sounds so familiar. We signed the contracts and the people wanted to take the appliances with them. We told them no way. We said if they're going to take the appliances, we're walking away from the deal. We got all of them. People try to take advantage of you...stand firm.
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| Posted 7/20/07 3:38 PM |
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quasi3
LIF Adult
Member since 7/07 1764 total posts
Name:
Stacey
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Re: Seller's want to take appliance
We had the same problem with our closing.... we had to do a month to month lease with our landlord. it worked out for us
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| Posted 7/20/07 3:53 PM |
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Re: Seller's want to take appliance
I would ask for the appliances to be replaced. As for the closing date you guys I think have to come to an agreement with a date because you do not have 30 days like NY. It is 10 days from the date on the contract and thats it.
Message edited 7/20/2007 3:55:36 PM.
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| Posted 7/20/07 3:54 PM |
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lilacwine
only love...
Member since 5/05 2034 total posts
Name:
<3
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Re: Seller's want to take appliance
tell them you're walking away from the deal. DO NOT sign the contract until everything is exactly as you want it.
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| Posted 7/20/07 4:13 PM |
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alnem
This is gonna be a good year!
Member since 2/06 9562 total posts
Name:
Emily
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Re: Seller's want to take appliance
unless the appliancese are listed as exclusions they have to replace them.
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| Posted 7/20/07 4:37 PM |
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EmmaNick
*
Member since 12/06 16001 total posts
Name:
*
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Re: Seller's want to take appliance
If the Seller's haven't signed the contract yet, they have a right to make revisions to it, which means they can take the appliances if they want. You don't have to agree and the contract will be null and void and then there is no deal. It doesn't matter what the listing says.
As far as closing dates go, I can tell you from handling real estate deals at our Law Firm, they NEVER close on the date specified in the contract. That date is an on/about date, which means they have 30 days from that date to close.
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| Posted 7/20/07 5:48 PM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19461 total posts
Name:
L
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Re: Seller's want to take appliance
Ask your attorney to put a time is of the escence clause in there so that you must close on X date or the seller wil have to pay for your actual hotel costs. As far as the appliances and negotiating the price, I believe they can take them, but I would counter with a lower price for the cost of a new fridge.
Message edited 7/20/2007 6:26:03 PM.
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| Posted 7/20/07 6:21 PM |
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njbound07
LIF Adolescent
Member since 4/07 799 total posts
Name:
pimpette
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Re: Seller's want to take appliance
hey there.. thanks for all of the advice that everyone has given me.
I spoke to the lawyer and apparently the fridge is a personal item and can be taken with the seller if the seller chooses to. but the seller has a total of 3 fridges and has agreed to leave 2 and take 1. so that's ok. but the closing date is something we're not budging on! 9/14 and that's it.. take it or leave it.
the sellers claim that they were not prepared to move by the 9/14 date.. so that's why they were requesting 10/1. imo, if you put your house on the market.. then you should have a backup plan.. suchas a place to live in the event your house gets sold quicker than expected! but I'm starting to feel guilty.. they're an old couple (65-ish).. maybe we should let them stay til 10/1? but then that means we have to pay rent here too. dh's cousin married the our landlord's son.. so it's family.. she already told us that if we need to stay longer that's it's not a problem... as long as we pay the rent 
being that they're an old couple.. what should we do? let them stay until 10/1? stick to our date of 9/14? we want to enter this house with a good feeling.. and we want the seller's to leave feeling good too...
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| Posted 7/20/07 6:33 PM |
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EmmaNick
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Member since 12/06 16001 total posts
Name:
*
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Re: Seller's want to take appliance
Posted by christina-and-mike07
hey there.. thanks for all of the advice that everyone has given me.
I spoke to the lawyer and apparently the fridge is a personal item and can be taken with the seller if the seller chooses to. but the seller has a total of 3 fridges and has agreed to leave 2 and take 1. so that's ok. but the closing date is something we're not budging on! 9/14 and that's it.. take it or leave it.
the sellers claim that they were not prepared to move by the 9/14 date.. so that's why they were requesting 10/1. imo, if you put your house on the market.. then you should have a backup plan.. suchas a place to live in the event your house gets sold quicker than expected! but I'm starting to feel guilty.. they're an old couple (65-ish).. maybe we should let them stay til 10/1? but then that means we have to pay rent here too. dh's cousin married the our landlord's son.. so it's family.. she already told us that if we need to stay longer that's it's not a problem... as long as we pay the rent
being that they're an old couple.. what should we do? let them stay until 10/1? stick to our date of 9/14? we want to enter this house with a good feeling.. and we want the seller's to leave feeling good too...
Do the contracts say "on or about 9/14"? You need to look at the specific wording. If it says on or about 9/14 then they don't have to be out of their house until 10/14. And in that case, you are really fighting a losing battle with them. If they aren't out by then, that's when a Time of The Essence letter would come into play.
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| Posted 7/20/07 6:39 PM |
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counselor74
LIF Adolescent
Member since 5/07 806 total posts
Name:
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Re: Seller's want to take appliance
I had the same thing happen with light fixtures in the house I bought. The seller wanted to take expensive fixtures out of the house and wanted to change the contract. We offered a lower price for the house to reflect the cost to replace them, the seller wouldn't budge, we caved because we really wanted the house. Our lawyer reminded us that we are buying the house not the decorations.
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| Posted 7/20/07 7:42 PM |
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dpli
Daylight savings :)
Member since 5/05 13973 total posts
Name:
D
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Re: Seller's want to take appliances
Posted by christina-and-mike07
the sellers claim that they were not prepared to move by the 9/14 date.. so that's why they were requesting 10/1. imo, if you put your house on the market.. then you should have a backup plan.. suchas a place to live in the event your house gets sold quicker than expected! but I'm starting to feel guilty.. they're an old couple (65-ish).. maybe we should let them stay til 10/1? but then that means we have to pay rent here too.
We had almost the same situation recently. We walked away from a deal because of issues with the closing date. Closing was supposed to be 9/1, sellers wanted to change it to 10/1, but in NY they have 30 days to be out, so that would have brought us to 11/1, possibly. We didn't want to wait that long since I am pregnant.
As for feeling guilty, don't. They are not doing you any favors, and this is a business deal, not personal. If they weren't ready to move, or make arrangements, they shouldn't have listed their house, IMO.
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| Posted 7/21/07 11:08 AM |
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KateDevine
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Member since 6/06 24950 total posts
Name:
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Re: Seller's want to take appliances
Posted by Summerrluvv
If the Seller's haven't signed the contract yet, they have a right to make revisions to it, which means they can take the appliances if they want. You don't have to agree and the contract will be null and void and then there is no deal. It doesn't matter what the listing says.
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Summer is exactly right here. It means bupkis what the RE's listing sheet says, it only matters what it says in the contract. If they have all appliance stay as per the contract then they stay or they have to replace them with something of equal value. If it doesn't say anything in the contract, and you haven't signed it, you can have it put it, but they may not agree to it.
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| Posted 7/21/07 11:20 AM |
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KateDevine
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Member since 6/06 24950 total posts
Name:
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Re: Seller's want to take appliances
Posted by christina-and-mike07
hey there.. thanks for all of the advice that everyone has given me.
I spoke to the lawyer and apparently the fridge is a personal item and can be taken with the seller if the seller chooses to. but the seller has a total of 3 fridges and has agreed to leave 2 and take 1. so that's ok. but the closing date is something we're not budging on! 9/14 and that's it.. take it or leave it.
the sellers claim that they were not prepared to move by the 9/14 date.. so that's why they were requesting 10/1. imo, if you put your house on the market.. then you should have a backup plan.. suchas a place to live in the event your house gets sold quicker than expected! but I'm starting to feel guilty.. they're an old couple (65-ish).. maybe we should let them stay til 10/1? but then that means we have to pay rent here too. dh's cousin married the our landlord's son.. so it's family.. she already told us that if we need to stay longer that's it's not a problem... as long as we pay the rent
being that they're an old couple.. what should we do? let them stay until 10/1? stick to our date of 9/14? we want to enter this house with a good feeling.. and we want the seller's to leave feeling good too...
I'm not trying to be a b!tch here, but the same kinda goes for you too. VERY rarely are closing dates "firm", so you probably shouldn't have given notice at your apartment so close to when the date was. What if they cancel the deal altogether (and they weren't family?) then you would have been SOL?
I hope it all works out for you. it totally stinks
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| Posted 7/21/07 11:24 AM |
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njbound07
LIF Adolescent
Member since 4/07 799 total posts
Name:
pimpette
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Re: Seller's want to take appliances
Posted by KateDevine
Posted by christina-and-mike07
hey there.. thanks for all of the advice that everyone has given me.
I spoke to the lawyer and apparently the fridge is a personal item and can be taken with the seller if the seller chooses to. but the seller has a total of 3 fridges and has agreed to leave 2 and take 1. so that's ok. but the closing date is something we're not budging on! 9/14 and that's it.. take it or leave it.
the sellers claim that they were not prepared to move by the 9/14 date.. so that's why they were requesting 10/1. imo, if you put your house on the market.. then you should have a backup plan.. suchas a place to live in the event your house gets sold quicker than expected! but I'm starting to feel guilty.. they're an old couple (65-ish).. maybe we should let them stay til 10/1? but then that means we have to pay rent here too. dh's cousin married the our landlord's son.. so it's family.. she already told us that if we need to stay longer that's it's not a problem... as long as we pay the rent
being that they're an old couple.. what should we do? let them stay until 10/1? stick to our date of 9/14? we want to enter this house with a good feeling.. and we want the seller's to leave feeling good too...
I'm not trying to be a b!tch here, but the same kinda goes for you too. VERY rarely are closing dates "firm", so you probably shouldn't have given notice at your apartment so close to when the date was. What if they cancel the deal altogether (and they weren't family?) then you would have been SOL?
I hope it all works out for you. it totally stinks
well our landlord is bummed about us leaving and she said that even if the deal falls thru.. we are more than welcomed to stay. we wanted to give her as much notice as possibe.. she's family and we don't want to leave her hang & dry. so we told her asap..
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| Posted 7/21/07 12:07 PM |
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TJLealand3
LIF Adolescent
Member since 6/07 839 total posts
Name:
Thomas
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Re: Seller's want to take appliances
Posted by christina-and-mike07
Posted by laurabora
Hmmm. How frustrating. I'd definitely tell them your offer will be decreased by the amount of a new refrigerator, as that wasn't factored into your initial offer.
How much leverage do you have? Did they have multiple offers? I would push back on the later closing date, especially in this market where they are lucky to have a buyer for their home!
we don't have that much leaverage at this point. but our lawyer is going to tell them no to everything. we were the ONLY bid in the 6mths that the house was on the market.. and the seller is being a hardazz! oh and we can't decrease on our initial offer but it was a good thought/idea.
thanks
If you were the only bid on the house, you have all the power. I would tell them that I am decreasing my bid by 2000.00 (fridge) and that I have already given notice and if you want to sell you will leave..... I am not changing my move out date..... if you absolutly cannot vacate by the closing date then they can pay your storage, moving and hotel bill until they vacate....
Some times you have to man up.....
In this market, don't let them push you....
Until you sign the contract you are not obligated to anything......
Message edited 7/21/2007 11:00:25 PM.
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| Posted 7/21/07 10:57 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: Seller's want to take appliances
Posted by christina-and-mike07
Posted by laurabora
Hmmm. How frustrating. I'd definitely tell them your offer will be decreased by the amount of a new refrigerator, as that wasn't factored into your initial offer.
How much leverage do you have? Did they have multiple offers? I would push back on the later closing date, especially in this market where they are lucky to have a buyer for their home!
we don't have that much leaverage at this point. but our lawyer is going to tell them no to everything. we were the ONLY bid in the 6mths that the house was on the market.. and the seller is being a hardazz! oh and we can't decrease on our initial offer but it was a good thought/idea.
thanks
You ABSOLUTELY can decrease your offer at this point. Who told you that you couldn't???
Your offer was contingent upon the information you had at the time. At that time, the house came with appliances. Now it doesn't. The SELLER changed the terms, so you don't have to stick with the original offer.
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| Posted 7/22/07 12:51 AM |
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MrsRbk
<3 <3 <3 <3
Member since 1/06 19197 total posts
Name:
Michelle
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Re: Seller's want to take appliances
Posted by TJLealand3
Posted by christina-and-mike07
Posted by laurabora
Hmmm. How frustrating. I'd definitely tell them your offer will be decreased by the amount of a new refrigerator, as that wasn't factored into your initial offer.
How much leverage do you have? Did they have multiple offers? I would push back on the later closing date, especially in this market where they are lucky to have a buyer for their home!
we don't have that much leaverage at this point. but our lawyer is going to tell them no to everything. we were the ONLY bid in the 6mths that the house was on the market.. and the seller is being a hardazz! oh and we can't decrease on our initial offer but it was a good thought/idea.
thanks
If you were the only bid on the house, you have all the power.
That's not always true. The first house we bid on had been on the market twice, and when put the bid in, we were the only offer they received in 10 months (and we bought at the height of the market 2 years ago). There was lots of stuff going on back and forth and we also thought we had leverage because we were the only offer, but in the end, the deal fell through.
Anyway, to the OP, I hope this all works out for you.
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| Posted 7/22/07 7:34 PM |
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