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Contract says and the seller agreed on that old double oven stove be replaced with the same or 30 inch stove and cabinet space with new counter top to fill in the gap. No future buyer will want a big gap with a modern stove.
Yup, that is exactly how it should have been written up. Like you said, who would have realistically thought you would be OK with a 6" gap where the old stove used to be?
He clearly understood the deal when he signed on the dotted line, but didn't think it would be so expensive. Not your problem. In fact, it might be a solution to your problem. Don't budge an inch. Maybe be a "nice guy" and offer to let HIM out of the contract.
Not necessarily. The house has an old model. If he can't find it, he can replace with comparable model. The contract does not state he needs to add cabinets nor counters. What she is describing as a counter top stove is NOTHING like what she has. That is not comparable.
But a 30" stove wouldn't be comparable either, which is why I used the hot plate example. As it turns out the contract was rather specific on this, but even if it wasn't, no one is going to agree that putting a new 30" stove in as a replacement to a 36" or 42" stove would be acceptable, even if there wasn't a going to be a gap.
The seller agreed to replace it. Absent specifics, the buyer is entitled to (at minimum) a comparable model. If a comparable model no longer exists (or would be prohibitively expensive) that is the problem of the guy that promised a replacement, not the guy that was promised one.
As it turns out the contract was rather specific on this...
But it wasn't disclosed that it was specific in the contract until halfway through the 3rd pages of posts. It's like the OP enjoyed the back and forth debate on what was owed, and if he had just posted the language in the initial post or even clarified back on page 1, most of these posts wouldn't even have been written.
If the contract merely said to "replace the range/stove", so the seller would not be obligated to replace any cabinets or counters. It must say so in a contract, otherwise the buyer would merely get their stove/range.
From the look of the picture, the kitchen needs to be gutted and updated anyway, so as a buyer, I wouldn't want the seller to stitch together crappy cabinets to fit the gap. I would want the money to go towards a new kitchen and decide what appliances I want, not rely on someone else who could careless what appliances there are.
I would want the money to go towards a new kitchen and decide what appliances I want, not rely on someone else who could careless what appliances there are.
I'll have to disagree with you on this one. I'd want the money to go to a different house.
Closer inspection I did found more problems I didn't see before signing the contract. Toliet needs replaced and kitchen counter top is real out of date and needs replaced and all light fixtures and ceiling fans need replaced. Shower in bathroom needs up-dating and bathroom vent doesn't work good. Should have never signed contract before checking all this out in the first place. I can repair all this stuff myself but I just don't want to pay for the materials.
Those stoves are available but they are expensive because they aren't standard size. If it was my house I would call a repair man and had it repaired, the dishwasher I would of replaced with one of my choosing before listing. The rest of the stuff toilet needing replacement ( unless cracked or literally broken), light fixtures and fans outdated baths etc is really IMO not repair issues. It's a update/upgrade issue. Unless this stuffs literally not working. Or is it you not liking them and feel they need replacement? If the seller is losing money I doubt you're gonna get him to pay for all these things.
It will be interesting to see how this plays out. My advice to OP, go shopping for Wolf or Viking. I'm sure one or the other will have a nice range that will fit the spot.
I love my Wolf cooktop and convection oven.
Oh, and don't discuss Wolf or Viking with your seller or I can guarantee you that will put the kibosh on the deal.
I think the cost of a 36" range is much more expensive than he ever guessed. So a few thoughts:
1. Agree to have him buy you a new conventional size range and then yourself fashion a space filler with perhaps a top that would also serve as a hot plate....
2. Look for a used 36" range (not likely you will find it)
3. Offer to accept a credit of some money....maybe $600....so you can buy the oven you want
4. Walk on the contract
The house you are buying is not very expensive and I think having the seller pay about $4000 for a new range is not within the normal range for that priced house. He just did not know the price of a replacement range when he agreed to the offer.
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