1,052,186
Then they get a cute little cure notice to put that shit back. Sneaky little bastards!
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Ron and Alexandra Seigel
Carpinteria, CA
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Inna Ivchenko
Encino, CA
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Pete Xavier
Pacific Palisades, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Lyn Sims
Schaumburg, IL
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Tony and Suzanne Marri...
Scottsdale, AZ
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Peter Testa
Danbury, CT
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Candice A. Donofrio
Fort Mohave, AZ
54,940
There is a fantastic app out for both iOS and Android called Centriq (pictures below). There is a pro version, which is the one I use. I use it when I list and when I rep the buyer. I go to all appliances and mechanicals and, using the app, shoot a picture of the serial number if there is one, product label if there is not. Within 24 hours (sometimes much faster if the product is in their database), there is a complete inventory of all the items their serial numbers, and a link to the product manual, parts guide, how to videos and a link to Amazon where they can order parts. At closing, I email they buyer or seller a link to the app (I have usually explained it to them beforehand). No more need for a file cabinet full of booklets. Anytime they need information they are reminded about me.
In the case of the seller, when you rep the buyer, make it clear to the other agent during the inspection that you are photographing all the appliance serial numbers.
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Lesley Wilson-VanGoethem
Winter Springs, FL
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Inna Ivchenko
Encino, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Carol Williams
Wenatchee, WA
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Jordan Ayan
Scottsdale, AZ
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Candice A. Donofrio
Fort Mohave, AZ
2,240,991
Hold up the closing. Whoa Nellie. Where does it say in the fine print that the stainless steel turns to harvest gold, avocado, poppy red and that awful shade of dark brown? Put 'em back...don't scratch the floor or chip the woodwork either getting a hernia going back to the future with the appliance shell game Mr Seller. That move makes the owner go from hero to zero in the eyes of everyone around the long conference room closing table...he, agent, someone in cahoots with him is not doing their part in the bait and switch, strip. Do the appliance swap if known before buyer starts drooling over the three door this, ice maker LED blue lighted that. Before images, video, showing. Out of sight, no sneaky feeling happens. What you see is what you get happens in the expectations which works best.
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Inna Ivchenko
Encino, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Kat Palmiotti
Kalispell, MT
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Candice A. Donofrio
Fort Mohave, AZ
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Lyn Sims
Schaumburg, IL
5,104,931
That would be a breach of our contract, which states the home has to be delivered in the same shape it was at the time an offer was made. I have for a long time written in that all appliances as seen at time of showing will convey.
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Inna Ivchenko
Encino, CA
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Michael Setunsky
Woodbridge, VA
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Kathleen Daniels, Prob...
San Jose, CA
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Carol Williams
Wenatchee, WA
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Pete Xavier
Pacific Palisades, CA
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Peter Testa
Danbury, CT
758,035
That really sours the buyer's side... just happened recently & the sellers were asked why. They said they really liked their W/D & needed one at the new place. Because the new W/D was close in price there was no credit issued but they were not as nice looking.
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Inna Ivchenko
Encino, CA
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Lyn Sims
Schaumburg, IL
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Anthony Acosta - ALLAT...
Atlanta, GA
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Pete Xavier
Pacific Palisades, CA
846,475
Not cool and a sticky situation-one for the attorneys.
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Inna Ivchenko
Encino, CA
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Lyn Sims
Schaumburg, IL
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Peter Testa
Danbury, CT
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Nina Hollander, Broker
Charlotte, NC
1,844,271
I would mention it to the sellers because they think that no one will notice but that will not happen. The appliances are probably documented in pics too so what are they thinking?
I would tell them to expect trouble from the buyers & they deserve the slap they get.
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Inna Ivchenko
Encino, CA
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Nina Hollander, Broker
Charlotte, NC
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Peter Testa
Danbury, CT
921,504
The buyer agent, when writing the offer should have identified those things of value the buyer identified. When you see Wolf or Sub-Zero, itemize it.
The buyer can expect a $5,000 check for new appliances at the closing table.
One agent is likely to have a stressful day.
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Inna Ivchenko
Encino, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Lyn Sims
Schaumburg, IL
953,617
Declare war. Speak softly at first, escalate the game plan as needed.
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Inna Ivchenko
Encino, CA
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Peter Testa
Danbury, CT
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Nina Hollander, Broker
Charlotte, NC
1,466,207
Inna Ivchenko I would insist they put the original appliances back and make it a stipulation for closing. Nina Hollander has the bases covered.
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Inna Ivchenko
Encino, CA
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Nina Hollander, Broker
Charlotte, NC
508,218
That is why on every contract I write I include the Model # and Serial # of all the appliances that convey with this transaction. It only takes 2 minutes to write this stuf down. Someone else suggested taking a picture, which is a great idea, but it MUST be written into the contract.
If the contract just says "Refrigerator", good luck arguing that you wanted the nice stainless one but but got the old almond one.
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Inna Ivchenko
Encino, CA
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Pete Xavier
Pacific Palisades, CA
3,344,906
Reminds me of the incident most recently when the sellers removed all of the window coverings after the final walk-through between when the buyers' loan funded and the recording of the deed. I was all over that seller like a fly on you know what ... the seller returned the window coverings.
I would be doing a similar thing ... return the appliances that were here when the offer was made or issue a credit for $X to cover the cost to replace. That said, I would be first checking with the lender to see how that might delay the close and if we have time to screw around with a credit. If not, then I would drive the ball to return the appliances.
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Inna Ivchenko
Encino, CA
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Nina Hollander, Broker
Charlotte, NC
117,135
I imagine the listing pictures could help your side of it.
I had a client once who removed a nunch of light fixtures and closet builtins. We had to disclose...
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Inna Ivchenko
Encino, CA
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Pete Xavier
Pacific Palisades, CA
2,781,123
This is not an OH-NO... it's a... NO-NO
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Inna Ivchenko
Encino, CA
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Greg Large
Grove City, OH
5,048,758
Sound like breach of contract and the sellers need to know they may have to make it right...money, return original appliances.
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Inna Ivchenko
Encino, CA
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Nina Hollander, Broker
Charlotte, NC
2,684,009
We had a builder here that was known for the bait and switch. When I have a buyer for new construction, I write the serial numbers of the appliances in the personal property included section of the contract.
If a re-seller did this, I would call the listing agent and tell them they need to bring them back, today now.
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Inna Ivchenko
Encino, CA
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Pete Xavier
Pacific Palisades, CA
6,392,929
I hope that the offer specified which appliances, and the agent and buyers are steadfast in their insistance that the original appliances are returned and working before closing.
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Bob Crane
Stevens Point, WI
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Inna Ivchenko
Encino, CA
4,882,355
That would be prohibited by our contract. I would recommend to my client that we get this resolved prior to closing. Maybe even time to lawyer up.
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Inna Ivchenko
Encino, CA
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Nina Hollander, Broker
Charlotte, NC
3,071,489
Candice A. Donofrio nailed this one!
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Inna Ivchenko
Encino, CA
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Candice A. Donofrio
Fort Mohave, AZ
2,220,323
If the contract supports for the seller to replace the appliances, then you do nothing. If the seller replaced the appliances with cheaper ones and did not notified anyone, we can have a problem in our hands. Consult with the buyer(s) and find out how they would like to proceed.
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Inna Ivchenko
Encino, CA
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Anthony Acosta - ALLAT...
Atlanta, GA
1,153,794
They have no idea how much that is actually going to hurt yet. So, so aggravating!
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Inna Ivchenko
Encino, CA
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Candice A. Donofrio
Fort Mohave, AZ
1,513,143
I take pictures of items like this that are to convey and send with offers.
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Inna Ivchenko
Encino, CA
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Lyn Sims
Schaumburg, IL
1,712,676
That is not the as is condition when the home was brought under contract. In Oklahoma that is a certain violation of the contract.
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Inna Ivchenko
Encino, CA
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Lyn Sims
Schaumburg, IL
2,436,099
Well that would stink. I bet the sellers hoped no one would notice.
I'd call the listing agent first to let him/her know my clients want the correct appliances, and next would be the attorney. My guess is there'd have to be $$$ provided by sellers to cover the purchase of new ones. What a pain in the butt.
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Inna Ivchenko
Encino, CA
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Nina Hollander, Broker
Charlotte, NC
4,319,419
Inna Ivchenko - pictures tell the story, isn't it?
The seller needs to bring them back - or disclose beforehand.
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Praful Thakkar
Andover, MA
509,449
It's in the contract in Texas, they come with the house and canot be swap to a cheaper one. Seller is up for lawsuit if they do this.
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Anthony Acosta - ALLAT...
Atlanta, GA
1,622,432
Thansk for your advice and sharing your experience!
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Anthony Acosta - ALLAT...
Atlanta, GA
900,118
643,975
would call listing agent to let them know (in case they didn't, ha ha) and follow-up with email to return them.
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Inna Ivchenko
Encino, CA
5,583,278
they need to replace the junk with appliances equivalent to what was previously there....or bring back the originals....
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Inna Ivchenko
Encino, CA
1,502,998
If it's done after the contract was accepted, then their agent would get a nice polite call demanding the house be returned to the condition the buyers purchased it in. It would also be on the VFP form and I would make a demand of escrow that the closing not happen until the issue is remedied. If the agent doesn't get it (I had one that thought their client leaving tons of trash behind was "fine" and they could use thier credit to pay for the trash hauling), then I'd be on the phone to their managing broker... which I was in that case and had the broker for the southern california region's number ready to dial.
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Inna Ivchenko
Encino, CA
7,835,329
Ask them to comply with the terms of the contract.
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Inna Ivchenko
Encino, CA
3,416,038
First i have this talk with every seller up front, anything they want to keep of swap should be done before even showing the home. If this happened to me when it was my buyer, i would insist on the money to replace with what is similar to what was there
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Inna Ivchenko
Encino, CA
577,750
If it was not specified in the Agreement the appliances would stay, then I guess they can take them. If they were specified, then I would get on the phone with my lawyer and have the Seller's replace them. Had that happen a few times whey tried to change out a Washer and Dryer... but too bad for them, the MLS photos showed the appliances that were there when we viewed the home.
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Inna Ivchenko
Encino, CA
911,228
4,434,127
2,182,502
259,317
We talk about this during the listing process and explain if they want to take an appliance, It needs to be swapped out prior to the listing going live.
An agent I used to work with actually wrote serial # down during the listing when he was measuring rooms etc. The sellers sign the data sheets here.
5,868,472
We have seen this swap before too, and have started putting in the contract - appliances as installed at contract.
4,800,082
I would ask my buyers if they wanted me to pursue any action and follow their wishes.
5,216,370
Not a chance we close! Replace originals or provide new! Prepare buyers to walk and receive an earnest money refund! Conflicting demands on deposit monies at the least. Potential lawsuit with lis pendens to block another sale until resolve is reached!
1,543,613
That's Fraud. Lawsuit. That's why I always photgraph the appliances on AVID.
3,986,258
I bring it up at the closing table and I can do several things that make the buyer pay
3,988,007
3,383,334
Hopefully you have language in your contract that property conveys as-is as of a particular date. In a case like this, contract date, date of the home inspection or ratification date would be ideal. If it was settlement date, you'd be screwed.
In our offer, I advise buyers to elect to buy as is as of the home inspection date and then have the inspectors not what type of appliances were there at that time.
5,772,575