Anyone a property lawyer? Know one?

**Jeff240sx** · 10-12-2009, 06:47 PM

Here's my ordeal.

I've got 2 documents, a sale contract, and a seller disclosure.

I signed both of them. The seller signed both of them.

The Seller Disclosure states that the refrigerator does not convey. The top line, in bold, of this Disclosure states "This disclosure is not intended to be a part of any contract for sale and purchase."

My Sale Contract states that I am buying Real and Personal Property, and goes on to define Personal Property as ... "Refrigerator."
There is a line on the contract to write in "Items of Personal Property excluded," where the refrigerator should be listed, but is blank.

I need someone to look over my paperwork and let me know what the deal is, and what my remedies are. It looks to me that this seller's agent forgot to exclude the fridge and have me re-sign it on my sale contract.

The seller wants me to pay $500 for the fridge.

I know... it's a big hassle for a refrigerator, but seriously... I would rather put $500 into the house than put $500 into keeping the refrigerator where it is

HybridSS · 10-12-2009, 09:17 PM

See if you can split the difference. Last thing you want is to involve blood sucking lawyers over such a small amount. In real estate...laywers are there to suck you dry of money...on both sides. Last thing the lawyers care about is winning the complaint. Its in both sides interests to drag it out.

One other thing....thinking your right because of a contract is meaningless.

So IMO plead your case through your realtor and just take the position your are right...regardless of wether you are or not. Bargain from there.

10-12-2009, 06:47 PM	#1 (permalink)
Jeff240sx KDM. Yea, I said it.	Anyone a property lawyer? Know one? Here's my ordeal. I've got 2 documents, a sale contract, and a seller disclosure. I signed both of them. The seller signed both of them. The Seller Disclosure states that the refrigerator does not convey. The top line, in bold, of this Disclosure states "This disclosure is not intended to be a part of any contract for sale and purchase." My Sale Contract states that I am buying Real and Personal Property, and goes on to define Personal Property as ... "Refrigerator." There is a line on the contract to write in "Items of Personal Property excluded," where the refrigerator should be listed, but is blank. I need someone to look over my paperwork and let me know what the deal is, and what my remedies are. It looks to me that this seller's agent forgot to exclude the fridge and have me re-sign it on my sale contract. The seller wants me to pay $500 for the fridge. I know... it's a big hassle for a refrigerator, but seriously... I would rather put $500 into the house than put $500 into keeping the refrigerator where it is

10-12-2009, 09:17 PM	#2 (permalink)
HybridSS I have fuzzy eyebrows	See if you can split the difference. Last thing you want is to involve blood sucking lawyers over such a small amount. In real estate...laywers are there to suck you dry of money...on both sides. Last thing the lawyers care about is winning the complaint. Its in both sides interests to drag it out. One other thing....thinking your right because of a contract is meaningless. So IMO plead your case through your realtor and just take the position your are right...regardless of wether you are or not. Bargain from there.