Location: Michigan
Submitted 09/21/12 10:05 AM

Q. We recently purchased a home. The MLS description and the seller's disclosure statement listed the washer and dryer. The sellers took the washer and dryer. Do we have a legitimate case to take to small claims court?

 

Answer #1
Submitted 09/21/12 10:38 PM
Yolanda Hoversten | Broker | O'Fallon, Illinois Real Estate (Prudential One Realty Centre): Agent in O Fallon, IL Yolanda Hoversten | Broker | O'Fallon, Illinois Real Estate (Prudential One Realty Centre)
Agent
O Fallon, IL

Contact Me

A.

If you can still contact the sellers, call them first to see if they will return the washer and dryer. As to the legal matter, please contact a lawyer.

Answer #2
Submitted 09/22/12 01:23 AM
John Dzialo (Law Offices of John Thomas Dzialo): Services in Santa Ana, CA John Dzialo (Law Offices of John Thomas Dzialo)
Services
Santa Ana, CA

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A.

If it was there in the seller's disclosure, then they definitely need to return it to you, but like Yolanda says, contact them first and talk to them about it. Maybe it was a mistake. If they don't agree to return it then contact a lawyer who should be best able to give you advice on this.

Answer #3
Submitted 11/16/12 11:33 AM
Marilyn Harrell - Wixom Lake - Beaverton MI (ReMax Riverhaven): Agent in Beaverton, MI Marilyn Harrell - Wixom Lake - Beaverton MI (ReMax Riverhaven)
Agent
Beaverton, MI

Contact Me

A.

You can reference the sellers disclosures and the MLS data sheet. But what matters most is what is in your purchase agreement. Everything is negotiable and must be in writing, even if you paid full price.

Answer #4
Submitted 11/19/12 02:11 PM
Agnes Tabor (Premiere Plus Realty Co): Agent in Naples, FL Agnes Tabor (Premiere Plus Realty Co)
Agent
Naples, FL

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A.

Our contracts here in Naples are very clear even to the point of putting washer and dryer, among other things,  in plural form in the event there are more than one of each.

It is hard to ignore what stays or goes if it is writing. I agree with Yolanda ask the sellers, if you do not have their contct information then call your agent for this information. Please review your documents before moving forward.

Answer #5
Submitted 11/20/12 06:19 AM
Angela Belanger: Managing Broker in Brookfield, MA Angela Belanger
Managing Broker
Brookfield, MA

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A.

You definitely want to look at your purchase and sale agreement.  If the MLS & seller's disclosure stated they were included, they should have been listed on the P & S as well.  If they are not listed in the P & S, you will want to contact your attorney to review.  An attorney is the best and only avenue for legal advice.

Always do a final walk through of the property a day or two before closing to be sure the property remains in tact as agreed upon.
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