texashomeseller
Junior Member
We are located in the state of TX
We recently sold our home. The night before we closed, the buyer's Realtor contacted ours to say the buyer wanted some hanging/non-permanent shelves we took w/us. (These were not perm. installed/nor was the word shelving used in the contract under items that must not be removed from the property when sold - otherwise I would have noted that and we would have included the shelves as a non-conveying item). Our Realtor's negotiated a price that we would pay back to the buyer at closing.
The buyer started closing processes at 8:30am, and then the Title company notified us to come in at 2:30pm to sign paperwork. At our closing the Title co. passed on that we needed to leave a check at the buyers request. We stated we thought the amount would be included in our closing docs, but the Title co. said that it was an FHA loan, and to make any changes could cause a 1-2 week delay. We didn't want to put us/buyer thru any delays. So we left a check w/the Title co. for the buyer, who was coming back in after we left to finalize the closing. The next day around noon, the Title co. called us to say the closing had completed and that the buyer and changed their mind about the check. Next thing, the buyer's Realtor contacted our's to say they wanted the shelves or would take us to small claims court. We talked w/a laywer who stated that the buyer had breached a verbal contract. Will we have a leg to stand on? We have a copy of the check made out to buyer on closing date w/memo stating 'shelves' and we are having the representative at the Title co. sign an affidavit simply stating what transpired, as well as our Realtor. Just wondering if we have any chance in court.
We recently sold our home. The night before we closed, the buyer's Realtor contacted ours to say the buyer wanted some hanging/non-permanent shelves we took w/us. (These were not perm. installed/nor was the word shelving used in the contract under items that must not be removed from the property when sold - otherwise I would have noted that and we would have included the shelves as a non-conveying item). Our Realtor's negotiated a price that we would pay back to the buyer at closing.
The buyer started closing processes at 8:30am, and then the Title company notified us to come in at 2:30pm to sign paperwork. At our closing the Title co. passed on that we needed to leave a check at the buyers request. We stated we thought the amount would be included in our closing docs, but the Title co. said that it was an FHA loan, and to make any changes could cause a 1-2 week delay. We didn't want to put us/buyer thru any delays. So we left a check w/the Title co. for the buyer, who was coming back in after we left to finalize the closing. The next day around noon, the Title co. called us to say the closing had completed and that the buyer and changed their mind about the check. Next thing, the buyer's Realtor contacted our's to say they wanted the shelves or would take us to small claims court. We talked w/a laywer who stated that the buyer had breached a verbal contract. Will we have a leg to stand on? We have a copy of the check made out to buyer on closing date w/memo stating 'shelves' and we are having the representative at the Title co. sign an affidavit simply stating what transpired, as well as our Realtor. Just wondering if we have any chance in court.
