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  #1  
Old 03-29-2006, 03:25 PM
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Join Date: Feb 2006
Posts: 19
Angry

Partnership Dilemma!!


What is the name of your state? CA

In January 2006, I bought a house with somebody but now they want out. I have offered to pay them their portion of the downpayment and how much they paid to have the house recarpeted and repainted but they insist that in addition, they want me to pay them the cost and expenses related to the following things that they bought;
-2 TVs, both wall mounted and wired through the walls
-washer and dryer
-refridgerator
-bed

Their reasoning is that they bought those things to be used in that house and now that they want out, whoever takes the house must pay for them too.

My reasoning is that 1) he is the one who has chosen to get out of the deal
2) when we bought the house, all these things were not in it (i.e were not considered part of the unit) and
3) these are all move-able things (unlike the carpet and paint) so he should take them with him.

Also, they insist that we have the house appraised and any gain in value (over a mere 3months) split in two.
I have argued that any gain in value has not been realized (i.e we are not selling the house) so there's no way I am going to pay them. If they want to share in the gain, they better stay in the deal until we both agree to sell.

Any legal advice regarding this matter will be greatly appreciated.

Thanks!
  #2  
Old 03-29-2006, 05:21 PM
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Join Date: Aug 2005
Posts: 1,964
Your friends requests are not out of line at all.

The items have depreciated and I am not even sure about that but he can force the sell of the property and recover his share and his share of the gain.

So looks like you have a decision to make di you want to keep the house and buy him out or have him force a sell?
  #3  
Old 03-29-2006, 08:13 PM
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Join Date: Feb 2006
Posts: 19
The thig is- My friend is also not willing to sell because he knows nobody is going to be willing to pay for the house plus the cost of his bed and very expensive wall-mounted electronics (I am talking worth like 15k or so).
  #4  
Old 03-29-2006, 11:16 PM
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Join Date: Oct 2005
Location: Tennessee
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Quote:
Originally Posted by arcanemelody
The thig is- My friend is also not willing to sell because he knows nobody is going to be willing to pay for the house plus the cost of his bed and very expensive wall-mounted electronics (I am talking worth like 15k or so).
He can force you to sell the home and give him his share. He can not make you pay for electronis and appliances that he bought as he can come and get them whenever he wants them. Or he can agree to sell them with the house and just take his share of whatever profit you get from it.
  #5  
Old 03-30-2006, 05:32 AM
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Join Date: Aug 2005
Posts: 1,964
Send the friend a certified, return receipt requested letter telling them they have 30 days to come pick up the items but you still have a very large problem with the house if they want to pursue the sell and distribution of the profits.

May have been 15K when purchased but depreciation is heavy on such items and resale might not even be 1/3 of that value.
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