Previous owners took appliances!

[drjreber]

What is the name of your state? IN

We recently took possession of a home in which the previous owners remained for 30 days post - closing (part of the purchase agreement). Also a part of the purchase agreement was the inclusion of all appliances, including refrig and washer/dryer. Infact, these last three items were specifically written in. However, when they moved out, they took the refrig and washer/dryer with them (at closing they argued with the realtor that they didn't want to leave them, but he told them it was part of the purchase agreement that they had signed and they no longer hjad a right to them). SO - now I have to replace these three appliances. Who is responsible for seeking legal action (and thereby incurring the cost and hassle) - us or the seller's realestate agent that drew up the purchase agreement and borkered the sale? Thank you - Jan

[tranquility]

You would need to sue for conversion.

[FlyingRon]

Tranq's right. The seller agent isn't responsible to you (nor do they seem to have any role in the seller's misdeed). Sounds like something you can get through small claims court. The fact that the conveyence is in the purchase contract would seem to make it a pretty easy case.

[lcannister]

Be aware that the compensation in court will only be the depreciated value of the old appliances. So if they were, let's say 5 years old, you will get very little in compensation compared to what you think you should get. But small claims fees are usually very low so go for it.

[nextwife]

AS you stated, their broker clearly informed them, as did their contract, of their obligation to leave the appliances. So their broker did their duty of explaining their contractual agreeement.

THus the sellers are choosing to ignore what they were told. The broker did their duty, and any legal action must be taken directly against the sellers.