Anonymous
05/22/2012 23:30
Subject: Final, final walk-through problem
We did a leaseback, and it was fine, but this is why I was taught in my law school real estate course that leasebacks are a bad idea. You've already closed, so your only recourse (other than the deposit) is to sue, and your contract had better be air tight with re: to what conveys. You might be able to do small claims court, but otherwise you'll probably spend more than the items are worth in legal fees. Agree that you should get your realtor on the case first. Document everything (take lots of pictures).
Anonymous
05/22/2012 13:27
Subject: Final, final walk-through problem
Find out where they are living now, go knock on the door and demand the return of those items. If that fails, consult a lawyer.
Anonymous
05/22/2012 10:49
Subject: Re:Final, final walk-through problem
What were these items?
Was it written into the contract that they would convey? (If not, you are out of luck.)
Did you close already? (If not, do not close until this is resolved.)
Have you spoken to your lawyer?
Was it written into the contract that they would convey? (If not, you are out of luck.)
Did you close already? (If not, do not close until this is resolved.)
Have you spoken to your lawyer?
Anonymous
05/22/2012 10:36
Subject: Re:Final, final walk-through problem
Who did your closing? Did you have an attorney representing you? CALL THEM NOW.
Anonymous
05/21/2012 20:00
Subject: Final, final walk-through problem
By "told to you," do you mean a verbal "Oh, we'll leave those things"? Or were they itemized in the contract?
Where's your agent in all this? Were they at the walkthrough? I agree that you need to get on this asap.
Where's your agent in all this? Were they at the walkthrough? I agree that you need to get on this asap.
Anonymous
05/21/2012 19:57
Subject: Final, final walk-through problem
What items are you talking about? Appliances? Just give an idea.
The settlement company won't even refund the deposit to you instead of the sellers unless you pursue this asap and in writing, and even then, they work for both parties equally. Even if you mediate, you may end up only seeing half of the deposit.
This is really shady behavior. You need to contact your agent though, and the agent needs to contact their agent. They didn't fulfill their part of the contract and you need to have someone point that out to them and see if they will return the items first, and if not, then you get a lawyer involved.
The settlement company won't even refund the deposit to you instead of the sellers unless you pursue this asap and in writing, and even then, they work for both parties equally. Even if you mediate, you may end up only seeing half of the deposit.
This is really shady behavior. You need to contact your agent though, and the agent needs to contact their agent. They didn't fulfill their part of the contract and you need to have someone point that out to them and see if they will return the items first, and if not, then you get a lawyer involved.
Anonymous
05/21/2012 19:30
Subject: Final, final walk-through problem
We closed and did a short leaseback, only to find that some items told to us that would convey were stripped out during the leaseback.
What options do we have? Including monetary options above and beyond the deposit amount? Deposit doesn't cover all the missing items.
Should we get lawyers and/or police involved? Are we out of luck?
What options do we have? Including monetary options above and beyond the deposit amount? Deposit doesn't cover all the missing items.
Should we get lawyers and/or police involved? Are we out of luck?