Expert: Ray Beggs - 4/23/2007

Question
I recently purchased a home. In the contract my agent
hand-wrote that "all window coverings" were included
in the sale.

Guess what---the drapes and hardware are missing.

The seller's agent now says the drapes were not
"window coverings" as they did not completely cover
the windows, and other coverings (blinds) were left on
those windows.

She also says the wooden rods are not window coverings
nor are they fixtures, because they could be removed
without damaging the wall.

To me this is a no-brainer.

What do you say?

Answer
Hi Gina,

Oh boy..sound like you're getting a little run around.

This comes down to technicalities and misunderstandings and in my opinion, would be in everyones best interest to try to solve amicably. The alternative is to either sue the seller or take them to arbitration, whatever it specifies in your contract. Personally, I would always try to come to some sort of an agreement before legal action but it could end up being your only option. Let your agent know that you would like to have resolution to this as amicably as possible but you are considering some other sort of action if it seems like that isn't going anywhere. It's hard for me to give you an exact answer because I can't see the entire contract but with the info you have given me, I would say that you've got a pretty good position.

Best of luck,

Ray