what do you do When Seller Doesn’t Give the Keys or remotes to Buyer at Closing?
I heard a case tonight that boggled my mind and made me so upset of the way
some agents and brokers act and do business that I really had to take some blood
pressure pill, lay down and respond to their … responses.
The story is that I got an email from a buyer’s agent that they have closing
tomorrow morning and the seller has gone to closing this afternoon. However,
the Seller did not give the three remotes for garage door openers as he stated
in Seller Disclosure Notice. Paragraph 2C (Accessories) of purchase contract also lists
the 3 controls for garage doors, and they are not listed in Paragraph 2D (Exclusions). It means
the house was advertised with three remotes, it was listed in the contract and it is in the seller disclosure notice too.
However, the seller had claimed that he cannot find the remotes and had not surrounded them to the title company. the listing broker argues that even though they are listed in the SDN and in
paragraph 2C, the Seller does not have to convey any of the items in paragraph 2B or C if he can't find them or no longer has them... (REALLY!!!)
The Buyer’s agent was asking for some suggestions to what to do.
Many colleagues responded “Seller bad boy ..” and agree that the seller is doing bad things but
suggested to the Buyer’s agent just go and buy three remotes from your pocket and have a closing.
A few of us, me particularly, I got so upset specially when I saw and heard responses from the listing agent and his broker supporting him such as:
The listing broker argues that even though they are listed in the SDN and in paragraph 2C,
the Seller does not have to convey any of the items in paragraph 2B or C if he can't find them
or no longer has them...
Also, listing Broker stated that: It would be very difficult to prove that any of the items in
paragraph 2C, D were present at the time of execution of the contract, therefore the Seller
does not really have to convey them.
The listing agent is hanging his hat on the word in paragraph #2.C.,( Accessories stay
“if any”) and he is saying there are not “any”.
These are the most ridiculous statements I have ever heard in a real estate transaction.
When the seller signs the offer from buyer, at his own comfortable place and time,
perhaps at midnight, there is no body from Buyer’s side (either Buyer or Buyer’s
agent) who is present behind his/her shoulder to see what is in the house in that exact moment and second that seller is signing. Sorry this is a … .
Buyer based on the visual inspection of the house and documentation makes an
offer. The Seller cannot and should not change/remove/replace anything after
receiving an offer from the buyer, that is a FRAUD. In many cases, it is not hard that seller has changed/replaced/removed something, for example, I personally take pictures of accessories, drapes, curtains, Chandeliers, speakers, etc on the day of preparing the offer.
At the “Walking through” before closing and after Closing I compare everything with pictures I have taken and if I see something different I raise the flag (this is FRAUD) and if the seller doesn’t do anything about it or wants to play smart game like this case, he will be charged with FRAUD.
Based on the listing broker’s: If Seller claims or really loses the key to the house, then he doesn’t have to provide keys to the house at closing and to the Buyer. Then, How the Buyer gets in to the house?
Are you suggesting Buyer or Buyer’s agent to pay for keys or re-keys? Wow!
If I were the buyer, with the way that I am upset of this case and responses from the Seller and
Seller’s agent/Broker site, I would take this case to the highest court to teach all of them a lesson.
What do you do in cases like this?