horseshowmom
DIS Veteran
- Joined
- Jul 21, 2000
As an example, when our neighbors sold their home the contract listed the appliances that were included (i.e., fridge, stove/oven, dishwasher). What wasn't listed was a specific description of the appliances.
The morning of closing, but before the final walk through, the sellers moved out the original fridge. A really nice high end one. They moved in what we would call a garage fridge - a plain, older model that sits in the garage and stores extra soda, beer, any surplus from the kitchen fridge.
Once we got to know the buyers they brought it up, and some other things about the house they didn't know about. While they were upset, and it was pretty sneaky of the sellers, they didn't have any recourse. Technically a fridge was in the house.
Anymore you do have to be quite specific. You never know when someone will be sneaky. Or, when there just might be a simple misunderstanding between parties. If everything is fully spelled out you can avoid trouble, or most trouble, down the road.
Pretty sad, huh? They knew that when they said applianced inscluded in the listing, people looking at the house would think it meant the appliances that were in the house, not what junk they swapped out. I guess you need to list serial numbers to make sure you get what's in the house.
You can't assume that. Lots of people don't want other peoples stuff. They did not ask for it in the contract, even though it was offered, so why is it unethical to sell it?
If there is an issue here it is that the buyers agent does not know what they are doing and/or made a major error. I would claim their bond/insurance if I thought it was material.
I have had situations where we contracted for the house to be "empty and broom swept" and had to have people clean their left behind junk out before we could close. If I wanted your stuff I would have contracted for it.
They knew how they listed it, and the agent knew that they were expecting to get everything in the house. Now, did the sellers know specifically? Since they likely weren't there, I can't say they did, but their agent knew I'll bet.
If it is indeed a completely honest mistake, once this is brought to their attention they should be more than happy to leave everything instead of selling it since they got top price for their house.