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r/FirstTimeHomeBuyer•
elementus

Final walkthrough surprise

We're closing tomorrow and did our final walkthrough this morning. We noticed the sellers had taken the washer / dryer when they moved out. When we signed our contract it said the washer / dryer were included, however when the seller signed it seems they crossed washer / dryer out and never informed us or had us sign again with that change.

It's just coming up today. Do we just have to eat the cost of buying a new washer / dryer? I'm guessing legally we don't have a contract fully executed since we didn't agree upon the amendment. But also, I don't know who's really responsible for the oversight at this point and we still really just want to close.

Posted Feb 9, 2022, 8:29 PM UTC

1614
reepobob•

If the contract stated that the W/D stays and they took both, they are violating the contract. The best course is to call them out (via the agents) and submit an addendum for a credit to buy new units. That’s the quickest solution.

Or…delay closing until they can put the W/D back in (not some cheap replacement).

38
elementusOP•

Yeah our attorney is looking into it. I'm not super optimistic! We'll see.

5
fuzzychiken•

That happened to me in a house in 2009. They took the fridge and stove and while we put up a fuss.. It was either eat the cost or walk away after all that work and planning.

7
pinkglitterbomb•

And what did you decide to do?!

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fuzzychiken•

We ate the cost and let it go. We had no choice. It had taken forever to find a house in our budget and we had to move from a rental.

4
LagswitchLarry•

That sucks and seems shady AF. Like reepobob stated, they are in violation of contract. So shouldn’t they be liable for cost of the appliances they “lined out” after the buyer’s signed? What’s to stop sellers from lining out more items? They sign after the buyers. How do I make sure this doesn’t happen to me? Been looking since Nov and submitted four offers so far but got beat out on each (back up twice).

5
Cold_JuicyJuice•

I hate to say it, but 100% your agent should have caught this. It’s their job to review the documents, ensure they’re complete, and ensure they’re in your best interests.

Your agent did not follow through on reviewing the damn contract, which is like, what they’re there for.

You have a few options:

A. Tell the sellers you’re not going to settlement until this is resolved. They made material changes to the sale and did not get your signatures. Thus, they do not, and never had, your agreement.

B. Contact your agent’s manager and let them know the agent had you sign a contract and did not notify you of material changes the sellers made. If the sellers won’t pay for this, it should come out of one of the agent’s pockets, honestly.

C. Contact the listing agent’s manager and tell them that the listing agent made material changes to the contract without notifying all parties and ensuring the appropriate signatures were gathered. The listing agent may have to pay for this.

D. Avoid the conflict and suck it up.

Sorry, this does happen though. And it sucks.

5
zakress•

Legit question: Can you close and then take the sellers to small claims afterwards or would you be laughed out of court?

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1
kcdc25•

What did your realtor say when you asked them about this?

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elementusOP•

Reatlor: "just looked at the final signed contract and the washer/dryer were not included in the sale. You must had been looking at an older version. They were in the original contract by mistake and then removed in the final addition"

Us: "Oh… that’s a big surprise to us"

Realtor: "Look at the executed contract. When the seller went to sign they told the attorney that the washer/dryer weren’t included and that is what is says in the listing. This was after you signed the contract. The attorney then crossed out the washer and dryer, but neglected to tell anyone."

I posted this before I talked to our attorney today because I was trying to wrap my head around it (in case attorney was at fault). Seems like he's going to be pushing back on this. We'll see how it goes...

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reepobob•

It’s not an executable contract unless you initial next to the line out change. It appears someone screwed up and is trying to cover their tracks (attorney or your agent). Depending on the laws in your state, the contract may be voidable. This may be the leverage needed for some folks to pony up for a W/D credit to avoid the deal crumbling. It’s up to you on how hard to push. I’m a realtor by the way. I’ve made mistakes early in my career and have had to contribute a portion of commission to make a client whole. It sucks, but you do what you have to do.

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kcdc25•

Is that actually what it says in the listing? Sounds like sellers are not at fault here but perhaps the attorney is and should shell out the cost. Tough one though- definitely frustrating but not something I’d let the deal fall through over.

1
kiunch•

Do you have a copy of the contract you signed? If it is modified after you signed it, it is definitely unethical.

To be practical you should just eat the cost if you really like the house, it is not worth your time. The seller know this, that's probably why they pull this off. You can try talk to your lawyer, see if you can close to sales first, then sue them for taking the washer and dryer.

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