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Old 07-15-2014, 05:10 PM
 
Location: Michigan
29,391 posts, read 55,602,856 times
Reputation: 22044

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In my buyers contract for this house that I'm buying the seller agree to install a new stove. The problem is the old not working stove is a double oven and this seller cann't find a new stove to fill in this gap. He has not offered any money instead of finding one. He could put in a new counter top and cabinet but he will not spend the money.

Wondering if he doesn't buy a stove does this Void the contract?

Thanks, John
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Old 07-15-2014, 05:16 PM
 
Location: Up above the world so high!
45,217 posts, read 100,739,056 times
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Quote:
Originally Posted by John1960 View Post
In my buyers contract for this house that I'm buying the seller agree to install a new stove. The problem is the old not working stove is a double oven and this seller cann't find a new stove to fill in this gap. He has not offered any money instead of finding one. He could put in a new counter top and cabinet but he will not spend the money.

Wondering if he doesn't buy a stove does this Void the contract?

Thanks, John
You need to ask your buyers agent

Every state contract is different - which state are you buying in?

In states I am familiar with not being able to find a replacement does not have to "void the contract".

Tell the seller to hire a contractor with some creativity and imagination - something should be able to be worked out with carpentry
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Old 07-15-2014, 05:22 PM
 
Location: Michigan
29,391 posts, read 55,602,856 times
Reputation: 22044
Quote:
Originally Posted by lovesMountains View Post
You need to ask your buyers agent

Every state contract is different - which state are you buying in?

In states I am familiar with not being able to find a replacement does not have to "void the contract".

Tell the seller to hire a contractor with some creativity and imagination - something should be able to be worked out with carpentry
Talk to my agent she says he is trying to find a new stove to fit in the space and cann't find one. He seams to not want to have a cabinet made to fit in because he would have to add counter top also to fit space. I'm buying in Tennessee.

http://www.homegardenpro.com/All--zz...rozBjz5---html

Thanks, John
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Old 07-15-2014, 06:49 PM
 
Location: Up above the world so high!
45,217 posts, read 100,739,056 times
Reputation: 40199
Quote:
Originally Posted by John1960 View Post
Talk to my agent she says he is trying to find a new stove to fit in the space and cann't find one. He seams to not want to have a cabinet made to fit in because he would have to add counter top also to fit space. I'm buying in Tennessee.

Dual oven ranges | HomeGardenPro

Thanks, John
In many places it's a buyers market right now.

It this is the case in TN, you have the advantage over this seller.

Do you WANT to walk away from this home? If not, get your agent to play hard ball about remedying the situation.

This should not be a deal killer.
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Old 07-15-2014, 07:25 PM
 
Location: Michigan
29,391 posts, read 55,602,856 times
Reputation: 22044
Quote:
Originally Posted by lovesMountains View Post
In many places it's a buyers market right now.

It this is the case in TN, you have the advantage over this seller.

Do you WANT to walk away from this home? If not, get your agent to play hard ball about remedying the situation.

This should not be a deal killer.
I can walk away or stay if the right deal is made. I asked the seller to pay me for the New Dishwasher and New stove in the contract so I can go out find my own brand. He refuses to pay money to me. So do I have a right to back out of this house if he will not install a new stove and Dishwasher? Seller claims he is losing money on this house he paid 21,000 and put in 20,000-30,000 dollars for up-grades and selling it for 75,000.

Last edited by JD59; 07-15-2014 at 07:34 PM..
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Old 07-15-2014, 07:31 PM
 
Location: Up above the world so high!
45,217 posts, read 100,739,056 times
Reputation: 40199
Quote:
Originally Posted by John1960 View Post
I can walk away or stay if the right deal is made. I asked the seller to pay me for the New Dishwasher and New stove in the contract so I can go out find my own brand. He refuses to pay money to me. So do I have a right to back out of this house if he will not install a new stove? Seller claims he is losing money on this house he paid 21,000 and put in 20,000-30,000 dollars for up-grades and selling it for 75,000.
Whether or not he is losing money is NOT your problem so do not let him try to guilt you with comments like those.

If you asked for a new dishwasher and new stove in the contract and he agreed to give them to you in a signed contract then he is in violation of the contract and you can walk and refuse to close.

He does not have to pay you any money for new appliances unless he agreed in writing that that is what he would do. In fact, he does not have to "do" anything other than exactly what he agreed to do in the contract.

Read your contract carefully and then you'll know what you each have to do to fulfill the contract
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Old 07-15-2014, 07:41 PM
 
Location: Michigan
29,391 posts, read 55,602,856 times
Reputation: 22044
Quote:
Originally Posted by lovesMountains View Post
Whether or not he is losing money is NOT your problem so do not let him try to guilt you with comments like those.

If you asked for a new dishwasher and new stove in the contract and he agreed to give them to you in a signed contract then he is in violation of the contract and you can walk and refuse to close.

He does not have to pay you any money for new appliances unless he agreed in writing that that is what he would do. In fact, he does not have to "do" anything other than exactly what he agreed to do in the contract.

Read your contract carefully and then you'll know what you each have to do to fulfill the contract
Contract says in writing new stove and new dishwasher. Agent said before signing contract that I need a new stove for sure because the stove doesn't work at all and it's as old as house 1984. Dishwasher is also old as house to.

Picture of kitchen
Attached Thumbnails
Question about Buyers Contract.-picture-uh-d166128e2a7777417d8b07da3f93a-ps-458d5cd1fd3fc9c956e9561243968.jpg  
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Old 07-15-2014, 08:12 PM
 
Location: Up above the world so high!
45,217 posts, read 100,739,056 times
Reputation: 40199
Quote:
Originally Posted by John1960 View Post
Contract says in writing new stove and new dishwasher. Agent said before signing contract that I need a new stove for sure because the stove doesn't work at all and it's as old as house 1984. Dishwasher is also old as house to.

Picture of kitchen
But did HE sign that contract?

If so, then your agent needs to be communicating to him or his agent that a closing is not going to happen if he doesn't honor the contract.

Once you threaten to walk away from the deal he should be smart enough to start playing ball with you.
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Old 07-15-2014, 09:10 PM
 
Location: Michigan
29,391 posts, read 55,602,856 times
Reputation: 22044
Yes seller signed contract to install new stove and dishwasher.
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Old 07-15-2014, 09:37 PM
 
Location: Up above the world so high!
45,217 posts, read 100,739,056 times
Reputation: 40199
Quote:
Originally Posted by John1960 View Post
Yes seller signed contract to install new stove and dishwasher.
There you go! He either does what he agreed to do in the contract or you don't have to buy.

Make sure your realtor gets this message across first thing tomorrow
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