Expert: Matt Heisler - 1/2/2008

Question
I purchased a house on October 25th in Norton, MA.  My realtor had a baby 1 day prior to the closing, and sent a colleague to cover for her (I had not met him prior).  When we did the walk through, the people were still moving stuff out of the house (1 hour prior to closing).  However, I noticed that in the bathrooms, all of the mirrors were missing (there were 5 of them).  I asked where the mirrors were.  The sellers realtor told me that they weren't there when they moved in (it was new construction when they bought the house 11 months prior).  I was puzzled, and annoyed.  The realtor representing me said nothing.  I later learned that the mirrors are considered fixtures, therefore, they were to stay with the home.  They were not listed in the exclusions.  I called the Sellers realtor that evening and again inquired about the mirrors.  He told me that they were considered "pictures".  These "pictures" left huge holes in the walls.  I contacted my attorney and he told me that they should be returned because they are considered fixtures.  I sent his email to the realtors.  My realtor contacted the Sellers realtor and they agreed to give the mirrors back.  That was 5 weeks ago.  I am getting frustrated over this situation.  I could have my attorney draft a letter, but it is going to cost me, and I probably won't be able to recover the cost.  It would cost me over $1,000 to replace the mirrors.  

Is there a board for realtors where I can file a complaint?

What options do I have?

Answer
Hello Elizabeth:

I recognize that this is a difficult time for you.  Moving is stressful enough without these unexpected complications.  It is disappointing that neither your attorney or your agent (substitute or not) was able to get you the correct answer before closing, when you have the most leverage. Your attorney obviously knew the correct answer, but failed to negotiate a settlement.  If your agent is a Realtor, you can complain to the local board, which is likely the Greater Boston Real Estate Board.  Or, you can file a complaint with the state licensing commission if they are not a Realtor.  However, in this case, you should recognize that any agent is powerless to "stop" a person from doing the crazy things that we see everyday - we can only communicate the issues to your attorney.  There's plenty of blame to go around here:
1) The seller's agent should have informed the sellers that the mirrors stay, unless they are a listed exclusion.
2) The seller's should not have removed the mirrors.
3) The buyer's agent should have informed your attorney the mirrors were fixtures.
4) Your attorney should have negotiated a settlement before close.
5) You (Unfortunately, you're here too...) should not have closed on a property that you were not satisfied with.  The closing should have been delayed until a remedy was agreed.

Clearly, your representatives could have done more - but the seller is the one who had wronged you. None of your representatives likely would have gotten the mirrors back - it's likely the home purchase price would have been reduced,  or a cash back at closing would have been agreed.  Lastly, 5 weeks is NOT a long time to resolve a real estate dispute.  I would call your Realtor and have the sellers sign an agreement to return the mirrors in a set time frame (2 weeks) or be responsible for the replacement cost.  You need a contract IN WRITING. If the seller's have already agreed in e-mail or some other written format, get that first. I expect the seller's won't agree, but at least you have your answer, than you can replace your mirrors, sue the seller (I wouldn't, but if the fire still burns...) and enjoy the new house!

Best of Luck-

Matt Heisler