Sellers took something that contract says they would leave. Question?

I just closed on a house. The sellers stayed a few extra days after closing and put money in an escrow in case there was something wrong when they left. Well, they took something that the contract said they would leave. Grrr. (I would rather not identify the item in case of lurkers.)

The lawyer said we need to decide how much we want to ask for compensation. A new item costs $300 - $500. She said we cannot ask for the full amount of the item because it was not new, but we are entitled to a portion of it and we need to decide what we want to ask for it.

So, I will decide on an amount, but it stinks for me because now I need to spend my own money on buying another item like this (its not something I can buy used). But it seems unfair that the sellers should pay only what the item is worth because they broke a contract.

Am I entitled to more money than the item is worth because the sellers broke the contract?

Re: Sellers took something that contract says they would leave. Question?

I think you should get what it would cost to replace the item.

Re: Sellers took something that contract says they would leave. Question?

I would ask for the item back. Plain and simple. If not, get the full amount to buy the replacement.

The contract stipulated that the item was to stay. They took it, now they cannot give you just a portion of what it would be to replace.

Why should you take a loss on it?

Re: Sellers took something that contract says they would leave. Question?

Re: Sellers took something that contract says they would leave. Question?

It was one of the contingencies in the contract then they need to give it back. Once they signed the contract it was yours.

Your lawyer probably just wants the whole thing to be done..

My lawyer did that..The gauge on the oil tank was busted (we didn't know) and they left us with no oil. The contract said 1/4 tank because that's what the gauge said..but it wasn't the case.

My lawyer pretty much told me to forget about it.

Re: Sellers took something that contract says they would leave. Question?

I had a similiar situation (a chandeleir). i just wanted to be done with them (the sellers) and move on. we didn't have a very good experience dealing with them from the beginning. so we ended up buying a new one. yeah it wasn't fair... but Karma is a ***** i heard from one of the neighbors they busted the seller (wife) stopped in front our house recently. i think she really didn't want to sell... OH WELL !

you have to decide is it worth the frustration and the constant back and forth.

Re: Sellers took something that contract says they would leave. Question?

Re: Sellers took something that contract says they would leave. Question?

Re: Sellers took something that contract says they would leave. Question?

Our sellers took a few things they should have left (and left crap they should have taken). Anything "fixed" to the walls is supposed to stay unless specifically excluded, yet they took curtain rods, unbolted mirrors from the bathrooms, etc. It was annoying but our lawyer put it in perspective - it was pennies compared to the full value of the house, and we got a great deal and were glad to be done with the horrific sellers so we let it go - wasn't worth the hassle.

Your lawyer is probably right that you won't get full replacement value too. Whatever they took was used and had been reduced in value so that's all they owe you. ie: they didn't take a new appliance, they took a used appliance so you'd get the value of a used appliance.

Re: Sellers took something that contract says they would leave. Question?

I would also take into account the cost to possibly transport and install the new item. As I am not sure what it is, I have to take into account it could be an appliance or fixture you would need a professional to install.

Re: Sellers took something that contract says they would leave. Question?

when we closed I noticed they took out a desk that should have stayed because it was attached to the wall. We got the cost of replacing the item. Even if it isnt new, you still might need to buy a new one to replace the item so you should get the value of the item

Re: Sellers took something that contract says they would leave. Question?

Thanks everyone. I will ask for the item or a replacement. Is there anything legally that I can mention to my lawyer that entitles me to this? I predict my lawyer will give me some legal mumbo jumbo about how the value of the item is not worth what I am asking and I want to be prepared with a good answer.

Re: Sellers took something that contract says they would leave. Question?

When we bought our house the seller offered to sell us (separately) the custom mirror in the bathroom or if we didn't want it, put up a replacement. We asked for the replacement - this went into our contract. On our final walk through, the custom mirror was down but there was no replacement up so we flagged this. We got a $75 credit which was just fine with us - our store bought mirror is a great fit and cost $40!

I think it all comes down to how hard you want to fight. We would've let the mirror thing go if the seller gave us a hard time.

Re: Sellers took something that contract says they would leave. Question?

Re: Sellers took something that contract says they would leave. Question?

Re: Sellers took something that contract says they would leave. Question?

Non-lawyers on this board really need to stop dolling out poor legal advice on opining (incorrectly, BTW) on the law. Just because someone says something passionately does not mean it's correct.

Chances are your lawyer isn't lazy -- but better informed about what the law allows and reasonable about happens in these situations. And if this actually went to court (which would cost you a lot of $$), you probably would not be entitled to new replacement cost.

The same thing happened to us when we bought our house. The good news for you is that you are in a good bargaining position right now -- Their money cannot be released from escrow unless you sign off, and chances are the sellers want their money back. My advice would be to ask for the item back or a replacement first and see how they respond. They may be willing to return it or replace it. If they say no, my next move would be to ask for replacement cost -- along with submitting proof of actual replacement cost for that item.

If your attorney argues with you about it, I would respond like this -- "I understand that if this went to a judge, I might only be entitled to used value of the item and not replacement cost. However, our contract stated that this item was supposed to be included in the sale. My current position is that I want the item returned or replaced before I will release the money from escrow. AS MY ADVOCATE, I would like you to inform the sellers of my position. I don't want to lead off in this discussion asking for the absolute minimum I may be entitled to."

Just try to keep a level head about this whole thing. Remember, people can contract and agree to more than the minimum the law requires. So, it's quite possible the sellers will return it or replace it or even give you the full new replacement cost just to be done with this and get the rest of their escrow money back. At the same time, you need to be prepared that it might not work out exactly as you'd like it to.

Ask your lawyer what the minimum amount you're entitled to by law in this situation is. Tell your lawyer you'd like to do better than that for a variety of reasons and that you're not willing to start out asking for the minimum. Keep in mind that the sellers likely also have a good lawyer and they will also be getting advice about this. You both have rights and both have ideas about what you want out of this situation. Hopefully you'll meet somewhere you don't feel like you've gotten screwed.

Good luck! It worked out for us when we bought our house, so I hope it works out for you, too.

And congratulations on your new home!

Re: Sellers took something that contract says they would leave. Question?

Ask for the item back. Our sellers claimed they didn't know they couldn't take it.

Re: Sellers took something that contract says they would leave. Question?

Thanks again everyone! I told my lawyer that I wanted the item returned or full value of the replacement. I know legally I am entitled to only a portion of the value since it is not a new item, but let's see what happens! I hope it works out.