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Old 05-28-2010, 02:00 AM
 
3 posts, read 12,214 times
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I am in the process of closing on a house, from another state, and was just informed by a family member that the swing-set playhouse has been removed. Its one of the expensive wood swing/slide/playhouse types with the shingled roof. It was a great selling point and was included in the listing as one of the features of the property along with deck, shed, etc.. It was never excluded from our buyers agreement and alternatively was not included in it either as we assumed it was included (it was in the listing as a selling point!). My broker contacted the sellers broker to inquire and, according to my broker, was quickly informed (as if anticipating the call) that the swingset/playground was not dug into the ground and therefor is not a 'fixture' of the house and does not need to be included in the final sale. I cant help but to think that this is very deceptive and downright shady on the sellers part and makes me very skeptical of any other shenanigans they might be trying to pull. Is this grounds for breaking our contract with the sellers and if so, will I be entitled to get my deposit back?

Thanks!
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Old 05-28-2010, 07:42 PM
 
Location: Was in Western New York but now in Hilo Hawaii
1,234 posts, read 4,264,164 times
Reputation: 452
I think I know that broker.
If its not nailed ,screwed or concreted in its not part of the house unless its listed in the mls listing. it would have to read something like nice 2bdrm 2bth home with play set for kids then its with it . You always have last word with our walk through talk to your agent and see that they say unless its the same broker. If this is a deal breaker then donʻt feel like you have to buy it anyway you donʻt. This will be just the start of the games they will play you will end up with a house with nothing in or around it . I just sold my home in Roc 3 months ago and the games the buyers agent played almost made me not sell they wanted everything to the point of pushing themselves into the house 3 hours before closing and demanding $500 credit for something that they excepted a month ago.

Buying a home is a VERY emotional process and its hard to stay professional about it but you must. You wouldnʻt buy a car you just test drove and then the dealer takes out the drivers seat and says it wasnʻt in the deal would you?

Good luck I do hope it works out for you!
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Old 05-28-2010, 09:09 PM
 
3 posts, read 12,214 times
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Thank you KoaKine! The listing specifically states:

Exterior Features:
Cable tv available
Deck
Playset/Swingset
Shed

Of course we didnt think it needed to be written into the contract because it was implied it would be from the listing. I just dont get where the madness ends. Who says the shed will still be there when I do the walk through...as its not screwed into the house or dug into the ground with a foundation. I've even read horror stories about flat screen tv's being argued because they were mounted to the wall. People need to use common sense and be realistic about what is ethical and what is not. If it comes down to it, I'd rather lose my deposit than live with the realization that I was taken. Your right...buying a house can be very emotional
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Old 05-29-2010, 11:17 AM
 
Location: Was in Western New York but now in Hilo Hawaii
1,234 posts, read 4,264,164 times
Reputation: 452
Well if it says that then its yours. Do you have a buyers agent? Or are you using the sellers agent? If the latter you can get an Attorney you will need one anyway and I recommend you get your own so there is no more collusion. If it was my deal (just my personal thoughts) I would call up my agent and say put back the playset or credit me at closing the cost of a new one or the deal is off. Hardline them if you donʻt they will take the shed and lights inside and whatever they think they can get away with. If they donʻt then back out of the deal and find a new house. Just my thoughts on how would deal with this.

Good luck.
Koa
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Old 05-29-2010, 01:10 PM
 
Location: Greenville, SC
1,607 posts, read 2,855,769 times
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This is a tough one.

I dabbled in real estate up there, and got an attorney involved in all but one real estate transaction.

The problem with going by the listing is it's not legally binding. Items left behind in a house have to be in writing, and then it's probably a good idea to have a notary stamp it or whatever.

The attorney whose services I used no longer lives in Rochester, but I know a good notary.

A few buddies of mine and I (we had a home improvement business on the side) got burned on a HUD house in Penfield, once. After that, we got an attorney involved for every real estate transaction. The HVAC system and water heater were missing from the house in Penfield, and it's obvious the local HUD rep sold the items. Granted, it stung the items were stolen, but there was nothing legally binding to state what was going to be left behind.
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Old 05-29-2010, 01:46 PM
 
3 posts, read 12,214 times
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The principle behind this sellers action has me beside myself. We got a 6% seller concession on the house and the sellers broker made it clear in an email that his clients feel that they've bent over backwards to make this deal happen (whatever..a deal is a deal and they didn't have to accept). Anyway I believe that the sellers took the swingset under the advice of the broker, to recoup their "losses". I've already been clearly schooled by my closing attorney (who just like my broker has something to lose if I back out) about what is legally binding and what is not...basically has to be in the contract. What I don't get is if it's in the listing as a feature of the sale, how does that not become legally implied that it is part of the contract. Could an above ground pool be taken out because it wasn't written into the contract although clearly part of the property? Do I ,or any buyer, have to define a detailed list of items (besides appliances) that I want included even though it was in the listing? Sounds way too litigious to me and I'm sad to see it come down to that!
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Old 05-29-2010, 04:51 PM
 
Location: Was in Western New York but now in Hilo Hawaii
1,234 posts, read 4,264,164 times
Reputation: 452
I would ask my self would this be a deal breaker? if no I would stomp my feet nash my teeth and ring my hands to them and see if I could get a concession. If yes I would simply tell them in writing put it back or I back out! deal broken sit back ad start looking for a new place and wait.
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Old 05-29-2010, 10:26 PM
 
5,265 posts, read 15,311,082 times
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That is really low of the sellers/seller's agent, but if you really love the house, neighborhood, etc I wouldn't back out of the contract for it. If the swingset was a MAJOR selling point and you are so so about the house or have seen others that would suit you just as well; if you can drop out of the contract unless the sellers agree to leave the swingset I guess that would be your best bet. I guess my philosophy just says that you can always (at least eventually) get another playground for the backyard, but you can't "duplicate" the same house in the same location. It all depends on how flexible you are with the particular house and location
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Old 05-30-2010, 09:18 AM
 
Location: Rochester NY (western NY)
1,021 posts, read 1,688,919 times
Reputation: 2316
+1 to Informed. Backing out of a house you liked enough to buy because of a swingset seems someone irrational. I understand what you're saying about the people being lowlife scum with an obvious disregard for ethical transactions, but when it comes down to it can you find another home that suits you as well as easily as you might need to?
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Old 05-30-2010, 11:35 AM
 
5,265 posts, read 15,311,082 times
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To add though, I would DEFINITELY DEMAND a reduction in the purchase price of the house. If they don't agree to lower the price by at least $1000 (which is probably what one of those really nice ones would go for) THEN maybe I would consider backing out of the deal. I'm sure a realtor or real estate attorney would be able to make that happen!
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