Expert: liznarr - 7/16/2009

Question
I recently bought a house in PA.  When I signed the buyers offer it contained some belongings to stay with the house.  The offer was accepted by the seller.  I went to look at the property again and there was a cast iron wood stove valued at $3000 that the seller told me that she was going to give to me as well.  When closing came through and I went to the house the stove was gone.  I asked about it and apparently my realtor (buyers agent) offered the seller $300 for the stove out from under me.  Do I have any type of case against this realtor?  What is your take on the situation?

Answer
Hi Eric,

If your Contract of Sale included language that specific items of personal property and/or fixtures were to remain with the house and they were removed, you have recourse against the Seller – and your buyer-agent as well if he/she purchased the stove from the Seller, knowing that the stove was legally to convey to you with the house at closing.  Hopefully, your Contract was amended to include the cast-iron wood stove.

If the arrangement was verbal, with nothing in writing, you are up against a “he-said, she-said” situation.

If your Contract was in proper form and the belongings were written into the Contract, I would first contact both the Seller and your agent and ask that they honor the Contract and rightfully return the items to you.  If not, you can inform them that you will seek any legal remedies available to you to enforce the Contract.  I would then contact a good attorney for advice on how to proceed.

Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth