Playset missing from back yard in final walkthrough?

Question

My husband and I went for a final walkthrough and found the playset in the back missing. The selling agent said "oh yeah they said they were going to get that" I told her it was included in the contract and she did not say anything. I called her fatherin law who did the deal and told him. He said there was some confusion as to whether it belonged to the owner or a renter. I want the money for it if I can't get it back, how do I go about this? The closing is tomorrow morning at ten.

Yes people it was asked for by us in the offer that was accepted by the seller.

Also it is not a swingset, it is a wooden playset estimated at $500 or I would have just let it go.

Answer 1

If it was in the contract, then the sellers took something that belonged to you and they need to pony up at closing...and I would REFUSE to sign anything until appropriate funds were duducted from their side...they are all packed up...do you really think they would break the deal over a few hundred dollars?

It doesn't matter, in your case, if the playset was a permanent fixture or not, if it's in the contract, then it should have stayed.

They signed the contract when they accepted your offer....they should have read it.

Stick to your guns and don't use your current Realtor again...that was a VERY poor response to your very valid question.

Answer 2

I presume the playset was specifically called out in your offer to purchase in writing. (If it was NOT, you're out of luck, since it's not considered a 'fixture').

If you are on solid contractual ground here, call the agent and inform him/her that you want an escrow amount set up and held from the sellers for about 150% of the cost of the playset. The escrow should be set up such that the seller gets the funds when the playset is satisfactorily returned. Put a limit of thirty days on the escrow, in that YOU get the money returned to YOU if the seller does not cough up in thirty days after closing.

Yes, this can be done at this late moment. I suspect that the agent will move quickly when you make this demand, or refuse to close based upon a non-satisfactory walkthrough.

Answer 3

First be absolutely sure that it is included in your contract. It is within your right to not close without a solution. The best solution is to have some amount of money (value of playset) set aside in escrow for the final resolution. If you are right, you get the money, if they are right they get it back.

Answer 4

re read your paperwork ..it will specificaily let you know wher you stand on the playset ..if it isnt listed you will just have to let that go and be happy for what you do have the house ..you can always go and get a playset (probably even nicer ) down the road

Answer 5

Unfortunately, if it belong to the renter, the seller cannot sell you something they don't own. The only way you can make them pay for it, is if you specifically asked for it in the purchase agreement. Bottom line is.....are you willing to lose the house over a swing set???????????

Ok.....so are you willing to let the home go for $500???? That sems petty in the long scheme of things!

Answer 6

Review your contract carefully. If it is not a perm. fixture or listed specifically in the contract then it was not part of the deal. I wouldn't make a big deal out of it if you actually like the house. When an apprasier appraised it that was not part of anything he appraised so I don't know how you would put a dollar figure on it.

Answer 7

Call the agent and see if they came come to some terms about the playset.

I'm assuming it was in the contract to be a part of the sale.

I'm sure you will be able to work it out.

Good Luck

Answer 8

just say that the seller violated the contract, so please pay us xx amount. these things are not unusual at closings and need not be a big deal. it's just like when you find a crack in the ceiling at the last minute and say we want an allowance of xx dollars to fix that crack.