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For others who read this thread here is a lesseon.
When we closed on a house the loan officer asked to make the pool equipment line rewritten explaining on what exactly that constitute. When I asked her, she explained that it is for the exact reason that you are going through. I can see them arguing what a pool equipment would constitute. So, I am not 100% sure what the out come could be.
The seller should have disclosed the lease as should have the agent. Out here this kind of stuff would get remedied in small claims court. You could close, go buy the comparable equipment and then take the seller to small claims to get reimbursed for the breach of contract.
Leasing water softeners is rather common in my neck of the woods. When leased, it is customary to disclose this within the listing and related disclosures.
Failure to disclose means the seller is on the hook.
Leasing water softeners is rather common in my neck of the woods. When leased, it is customary to disclose this within the listing and related disclosures.
Failure to disclose means the seller is on the hook.
It's not a water softener. It is a pool salt water generator. They are easy to install, and they range between $600-$1000. They could be bought a bit cheaper online through "IntheSwim", etc.
I think FloridaKash is TOTALLY correct in this. I would stick to my guns on this....if closing has to be delayed a day or so because of this, so be it. I've seen closings delayed over far smaller things. I doubt the whole deal would fall apart over this.
Weather this equipment was leased or not is not relevant. It was made to look like it was part of the deal by both contract and by being there. It is no different then having a dishwasher in the kitchen, then finding it gone, etc. If the sellers, lawyers or the selling broker want this deal happen, someone better pony up the money.
Perhaps the common sense compromise would be for them to pay for the new system, and the homeowner could install it. They screwed up, maybe even tried to "pull one over" on the buyers....they need to "fix it"......
so......it's almost the end of the day on Friday....OP: we're curious to hear what happened today!
It sounds like everyone on here supports your position completely. Of course, just because you're right doesn't necessarily mean the right outcome happened.
Just for fun: who do y'all think is to "blame"? Seller? Seller's agent? Who should have to kick in the 1000 bucks to the OP?
I vote that seller and seller's agent split the cost. Seller is ultimately responsible for the accuracy of the info on the listing sheet, however, what on earth are you paying an agent their commission for if not to be on top of stuff like this? Especially if the OP lives in an area where pools are common, then I'd think most agents would think about this kind of thing.
It's not a water softener. It is a pool salt water generator. They are easy to install, and they range between $600-$1000. They could be bought a bit cheaper online through "IntheSwim", etc.
I think FloridaKash is TOTALLY correct in this. I would stick to my guns on this....if closing has to be delayed a day or so because of this, so be it. I've seen closings delayed over far smaller things. I doubt the whole deal would fall apart over this.
Weather this equipment was leased or not is not relevant. It was made to look like it was part of the deal by both contract and by being there. It is no different then having a dishwasher in the kitchen, then finding it gone, etc. If the sellers, lawyers or the selling broker want this deal happen, someone better pony up the money.
Perhaps the common sense compromise would be for them to pay for the new system, and the homeowner could install it. They screwed up, maybe even tried to "pull one over" on the buyers....they need to "fix it"......
Frank
Frank, We are saying the same thing. The seller is on the hook. And just for the record water softeners /plus install are often in the same ballpark, if not more, dependent on size and features.
Just for fun: who do y'all think is to "blame"? Seller? Seller's agent? Who should have to kick in the 1000 bucks to the OP?
Seller is responsible for failure to disclose.
For fun:
The listing agent shoulda/coulda done an inventory.
The OP's agent shoulda/coulda demanded an inventory.
The OP shoulda/coulda demanded an inventory.
Judge MaM says seller pays 50% and the rest split the difference.
Frank, We are saying the same thing. The seller is on the hook. And just for the record water softeners /plus install are often in the same ballpark, if not more, dependent on size and features.
I agree the seller IS on the hook for this. I also know from reading your other posts that you are a very knowledgeable Realtor...I have enjoyed your posts.
I might have mis-understood your post. To me, a water softener makes domestic water more comfortable for drinking and washing clothes, etc. A Pool Salt water generator is totally different......this pool in question now has hundreds of pounds of salt in the pool....it is currently a salt water pool. It now NEEDS a Salt water Chlorinator to convert the salt to Chlorine and back to sanitize the pool. In Florida it is almost a necessary component to any pool....especially one that already has 500 pounds of diluted salt in it. The alternative is being a slave to buying Chlorine weekly.....not a viable option here.
I wonder why anyone would LEASE for $60/month a $600 item...? Sounds fishy to me.
I suspect that seller is not being completely honest or is hoping buyer is very naive -- either way this is supped "gamble" to take in market very much biased toward buyer...
Quote:
Originally Posted by faithfulFrank
I agree the seller IS on the hook for this. I also know from reading your other posts that you are a very knowledgeable Realtor...I have enjoyed your posts.
I might have mis-understood your post. To me, a water softener makes domestic water more comfortable for drinking and washing clothes, etc. A Pool Salt water generator is totally different......this pool in question now has hundreds of pounds of salt in the pool....it is currently a salt water pool. It now NEEDS a Salt water Chlorinator to convert the salt to Chlorine and back to sanitize the pool. In Florida it is almost a necessary component to any pool....especially one that already has 500 pounds of diluted salt in it. The alternative is being a slave to buying Chlorine weekly.....not a viable option here.
I wonder why anyone would LEASE for $60/month a $600 item...? Sounds fishy to me.
Just for fun: who do y'all think is to "blame"? Seller? Seller's agent? Who should have to kick in the 1000 bucks to the OP?
If the seller's agent had said "Let me find out about the generator and call you back, then called and said it was leased I would say 100% the seller. If the agent was able to answer the question immediately, then the agent failed to disclose a material fact, IMO. Which would be a 50% each deal.
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My point exactly...
