Here is yet one more installment of my most bizarre transactions.
An elderly, but cash heavy buyer, contracted to purchase a small home on the north side of town. Being retired, and in less than great health, he fell in love with the large corner lot with all the flower beds and the 5' tall, multi-level water fountain that was set upon it's own perch in the garden and energized by the underground electrical service designed specifically for this magnificent, peaceful piece of art. He envisioned enjoying this beautiful garden and water fountain for years to come as he sat on the covered patio. Now let me say that before we had even submitted his offer, I felt obligated to warn my client that this may be a troublesome transaction as I knew the listing agent well..she was nearing her 25th year in business and had a less than stellar reputation among the real estate community yet had still managed to build a sizable following of clients.
It just so happened that my client lived only blocks away (in an apartment) from this house and he drove past it daily, sometimes twice a day as he yearned for the closing day to arrive. Then, about four days prior to closing he noticed the waterfall was missing. I'll never forget the sound of alarm in his voice when he called to tell me, "someone stole the waterfall!" I was afraid it was going to put him in the hospital knowing all the heart problems he had. I finally got him to calm down a bit and told him I would call the listing agent so her clients (who were now living in another state) could file a police report. My client was heartbroken to say the least. I contracted the listing agent phone and told her the water fountain was stolen. To my surprise she said, "no it wasn't." I asked her if she knew what happened to it and she said, "yeah, I took it." To be honest, I was certain I heard her wrong. I asked her again and go the same response. I asked her why she removed it and she said, because it doesn't go with the house. She said, "it's like a picnic table, and those don't convey either. Well needless to say, we had a strong difference of opinion on that. A 5' water fountain with specially designed underground wiring to it is a far cry from a picnic table. We argued for a few minutes before I explained that I would contact the police regarding this matter. 
I told my client what happened and he began screaming that he would $^$$%% that %^$$%$. Again, I had visions of an ambulance arriving too late to save him. Again, I calmed him down and we discussed our options. Although he was retired, he was no less the savvy businessman he always was and he took matters into his own hands. He tracked down the sellers and called them them. He explained the situation and was assured that they intended the water fountain to convey. I again called the agent and explained this and she began yelling at me to leave her clients alone. And she still refused to return the water fountain, even after repeated calls from the sellers insisting she do so.
I knew this would go nowhere quick, so I scheduled a lunch with an old friend, who just happened to be a Detective/Sargeant with the local police department. While we ate, I explained my predicament and asked if he thought the county attorney would accept a case of theft. He stopped eating, called the C.A. and was told, "file it." Now, at this point, you would think common sense might come into play with the listing agent. After all, the Detective called her and "told" her to return the water fountain, to which she responded, "I can't, I gave it to my mother." So the Detective began getting his statements from the sellers, my client, me and others and I explained the situation to my buyer. He made a few calls to his sphere and found out that the listing agent's mother had died about two years prior. How did he know this? One of his friends actually attended the funeral. Well, once I told the Detective about this event, he went ballistic and told the listing agent that he was swearing out a warrant for her arrest and that he'd not even consider arresting her until he could do it at her office. I think they call this the "Perp Walk." Apparently the listing agent saw her world coming down around her and within an hour of that call from the Detective, the water fountain was back at the house and set up.
After much discussion about filing a complaint, my client requested, as did the sellers, that we "just get it closed' and not drag them into any more problems. They did not wish to make any further statements or answer any more questions from anyone. I swallowed a bitter pill and honored their requests, but reluctantly so. And to this day, I can't believe someone would disparage their own dead parent in order to cover up a crime.
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