Please help, I need advice on a realestate legalities
Happily my problems have not been due to any crooked Realtors. If my Realtor is to fault at all it would be for failing to prepare me for this possibility. Luckily I tool my own pictures, which is my major moral so far: photograph everything from items to condition, then make an itemized list that is signed off on all around, and finally have a walk through just before closing. We are currently in negotiations . . . fingers crossed, this may end well after all (aside from emotional stress and a loss of faith in humanity)!
Even my Rental Lease Agreement has a detailed (including condition) inventory page that both the tenant & Landlord sign.
IS there a inventory list w/ the contract?
I had a similar situation.
I did have a lawyer, and he insisted that we have an itemized list drawn up with all of the inclusions that were part of the agreement.
When I did my final walk through, on closing day, I was shocked to see that everything was gone… even with a detailed ,agreed upon, list… furniture, plates, window treatments..everything, they were kind enough to leave a few bags of trash though 🙂
We refused to close , my lawyer drew up an addendum deducting the estimated value of all the missing contents for the seller to sign. After a few hours, truckload, after truck load, of the “missing” contents arrived back at the house.
My advice, refuse to close, and renegotiate the price to compensate you for the missing Items.
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I think Dante's right in that balking at or near closing time is a time-honored method to get the attention of a seller that can be successful in some cases.
There may be some other considerations, though. If, for instance, a buyer is using financing, there may be some risk that an associated loan closing that doesn't take place as scheduled could mean additional costs for the buyer.
Refusing to close in such circumstances can be the way to go. But if if the answer the seller gives is not satisfactory, a buyer would still have to be prepared to walk away entirely, possibly losing a deposit in so doing (there could be another lawsuit in the offing if they won't give the money back).
Best,
Islandlola
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