Here is an interesting thought....when sellers do not follow the purchase agreement.....who pays? That is a pretty complex question. On the surface without information or seeing the purchase agreement, I would usually respond "good luck" especially after the close.
Just think your client had time to perform inspections....any and all desired as long as they were specified and within the time frame agreed upon. You have had a walk through before the close....so another opportuntiy to view, verify and communicate problems.....so why do you think your client has an issue....the deal is closed. A little more detail please.....
The purchase agreement outlines everything that is supposed to stay with the property. The purchase agreement outlines the terms and conditions of the sale. So did the seller follow all these terms and conditions? What's the problem....
The seller didn't disclose some material facts correctly and the realtor puffed the property by using words that by themselves are not actionable....but words that can be taken or believed to have one meaning in normal presentations....then later told to mean something else is a problem.
Not being a lawyer or giving legal consultation or information is where my client and I parted company. I could no longer offer any more advice than for him to seek legal counsel. We are still in communication and have not issues with his representation....that's a good thing!
I spoke with the seller's agent concerning the sellers removing property that should have stayed with the property. Little things that were not noticeable until the buyers moved in. The big issues were caught during the pre-closing walk-through, light fixtures, plants, trees....then tie racks, shoe racks, built-in speakers. The speakers were not noticeably gone until the surround sound stereo system was activated once the buyers moved in....the sound of silence is a dead giveaway.
Then a little matter of a repair in the basement floor under the vinyl flooring in the bathroom. The uneven floor and the buyers redecorating the area caused the vinyl to be removed....and oops, another problem. A undisclosed problem. Again a call to the selling agent and the reply...."OH, that....it was a repair that was done by the contractor before the sellers purchased the property in the beginning. A follow-up call with the builder revealed....the repair was done 6 months after occupancy....I was able to obtain a copy of the repair order. The repair wasn't the problem, the type of repair and the actual repair was sloppy and not completed properly.
Here is the real issue....the seller's alerted the buyer's attention by doing little things wrong....the agent also did enough wrong with knowledge and shielding and puffing information to mislead buyers into thinking the materials were more than what they actually are. Builders may be able to spot issues like this but the average buyer will not. Even a very experience agent asking the right questions who is given misleading information in writing can only report to their client what is reported by the sellers agent.
So who pays? We all do....the reputation of our industry, the buyers pays attorney's both agents will be bought into the case and the sellers will be the focal point. Now they could settle without court action but the damage has been do to our industry. The sellers and buyers will always discuss these issues with anyone who will listen.
So who pays?
If all the signed documents are of legal relevance, then the stated print is what should hold.
If the surround speakers were identified as staying, then the SELLERS are at fault. Their Realtor needs to use delicate words/phrases to coax his/her clients to returning the speakers. Phrases such as, "Mr. and Mrs. Seller, I know things get a little hectic packing and all, but perhaps you may have packed something inadvertently in the chaos of packing and moving." As the Buyer's Realtor, if the other Realtor doesn't seem like a chip on the block, then coach that Realtor to using some phrase like that. Coach in a non-obtrusive manner. Let the other Realtor think that he/she came up with the idea. If that doesn't work with the Sellers, then FIRMLY tell the other Realtor to Firmly tell the Sellers that there's legal repercussions if they don't return the speakers, and that can end up costing the sellers more money in the end as to just going and buying new ones for their new house.
As for when the repair in the basement was actually done and what was communicated from the other Realtor, it doesn't sound like a major issue. His/her recollection of what the Sellers may have told them may have been different. If the repair wasn't a significant problem of safety, structural, latent defect of significance, yadie da.... legal mumbo jumbo, then it doesn't sound like a major issue. If that problem was of significance required to be reported on the "Seller's Disclosure," then it can be a major problem.
Since everything is closed and the Buyers have moved in, then perhaps the best thing to do is to resolve anything of significance with Sellers. If that can't be done, then the Two Realtors involved in the sale should find a Win-Win compromise. Chip in, if not a major contribution and burden on one's welfare, to take care of the problem.
Go Beyond the Norm to win the respect of a client!
Cheers, KIM.