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Seller bait and switch

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Michelle McD

Guest
I live in Louisiana. A purchase agreement was signed between the buyer and seller of a townhouse property. It was a standard real estate contract with all built ins and fixtures to be included along with window treatments and ceiling fans. Ten days after the signing of the contract the seller removed the $1800.00 front door and replaced it with one that cost $350.00! She stated that she did not feel she got her moneys worth in the sale of the property so she was taking the door! The buyer said, no go afraid not. The property is due to go to act of sale on the 30th of this month. Any suggestions on how to handle this? The sales contract includes a specific preformance clause. Will that force her to return the door and follow through on the sale? Thanks for any help!
 


HomeGuru

Senior Member
Michelle McD said:
I live in Louisiana. A purchase agreement was signed between the buyer and seller of a townhouse property. It was a standard real estate contract with all built ins and fixtures to be included along with window treatments and ceiling fans. Ten days after the signing of the contract the seller removed the $1800.00 front door and replaced it with one that cost $350.00! She stated that she did not feel she got her moneys worth in the sale of the property so she was taking the door! The buyer said, no go afraid not. The property is due to go to act of sale on the 30th of this month. Any suggestions on how to handle this? The sales contract includes a specific preformance clause. Will that force her to return the door and follow through on the sale? Thanks for any help!
**A: demand that Seller either return the door or instruct escrow to withold $1800 from the Seller's proceeds. If the door is not returned prior to closing, escrow releases the money to the Buyers at recordation.
 
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Michelle McD

Guest
Thank You

Thank you for your prompt response. Can the buyer force the sale? Will the escrow company hold the money at the buyers demand?
 

HomeGuru

Senior Member
The Buyer has the leverage. Talk to the real estate agent or a real estate attorney.

Are you the Buyer, Seller, real estate agent, attorney, innocent bystander, the door company rep., escrow officer......? You never stated your position in your post.
 
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Michelle McD

Guest
ME

I hope I am being a good friend! This senerio is happening to a friend of mine, and since I am on the web more then him, I thought I would do some homework on this. We are both in awe that the seller is doing this! He has talked with a real estate agent. They mentioned as you did that the seller has to return the property to the original condition. He just had some additonal questions. He heard from the title company, that if he records the purchase agreement than the seller can not sell the property to anyone other then him until the dispute is settled to his satisfaction. Does that sound correct? They also suggested sending a certified letter with a copy of the contract and the demand for the return of the original property so that there is a record of her knowing about the request in writing. Thanks again. This is great that you help out on here!
 

HomeGuru

Senior Member
Re: ME

Michelle McD said:
I hope I am being a good friend! This senerio is happening to a friend of mine, and since I am on the web more then him, I thought I would do some homework on this. We are both in awe that the seller is doing this! He has talked with a real estate agent. They mentioned as you did that the seller has to return the property to the original condition. He just had some additonal questions. He heard from the title company, that if he records the purchase agreement than the seller can not sell the property to anyone other then him until the dispute is settled to his satisfaction. Does that sound correct?

**A: if that cannot be done then file a notice of pendency or lis pendens.
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They also suggested sending a certified letter with a copy of the contract and the demand for the return of the original property so that there is a record of her knowing about the request in writing. Thanks again. This is great that you help out on here!

**A: another good idea.
 

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