Portable dishwasher missing from home just purchased?
Ok, here is my dilemma and I need some creative advice although I already know the answer. I am a Realtor and have a VERY difficult client. When we first went through the house there was a REALLY old portable dishwasher in the house that I heard him say he would never use and was going to throw out. I did write up the offer with the dishwasher included because thats a standard offer for me. Well.. I do my own final walk thru of the house today. House is nasty dirty, this is an estate that the renter moved out of. So, my son and I go clean this house because listing agent wouldnt clean it there is no one from seller family to clean it. Then.. I realize the dishwasher is gone. Argh. Listing agent asked me to call my client , which was my first mistake. Should have resolved it without calling him and agitating him more.. but I had to. Listing agent offered 100 bucks for the dishwasher. Seller said NO. Get old back or buy new one. Listing agent wont ask family to pay.Any ideas ? Listing agent is also already paying 300 bucks out of pocket for water softner that he failed to notice he listed with the property when it was actually a rental. I had that in the purchase contract too. Our contracts state "broom clean" but you are right.. next time I will write in the contract that home must be in move in condition! I opened up the ads this morning to check the appliances ads to see if we could find a cheap portable. I found one for 50 bucks(listing agent paid for it) , ran and got it, threw it in the house before final walk thru. Boom, deal closed!!
Public Comments
- It's in a contract, therefore your client is entitled to the dishwasher or a new one. You're not asking for something the buyer didn't pay for. Bad situation. I think you may have to threaten to report the listing agent to the NAR or local Assoc for not performing their duties. The listing agent has to ask the seller to replace the dishwasher or it should come out of her pocket. They signed the contract, right? Good luck!
- if i were you i would go 50/50 with the other agent. dishwashers are only about 250.00 for a floor model. that way the buyer stays happy and doesnt back out.....hope this helps
- Unless the dishwasher was specifically mentioned in the offer it was portable and therefore not a fixture. If it's a deal-breaker and you wanna make the sale, eat the cost and file a complaint with the RE board.
- I'd first off go back to the seller and just explain the situation and tell them they have to get that dishwasher or another one back. Tell them its either that or the buyer will walk. If they still refuse at least try to get them to up the offer a bit. If they say they are willing to have the contract cancelled then that option is truly a dead end. Next, go back to the buyer and repeat the offer ($100 or upped offer if you could get the seller to raise the amount). Tell him its that or the contract will be cancelled. He probably won't agree to it (sounds like he's so stubborn that he'll have the contract cancelled first) but try to get him to put a price on it. Say, since you were not going to use the dishwasher anyhow, how much would you accept for it. Now you have his best offer and their best offer. If the numbers don't match up you either make up the difference out of your own commission (and go to the other realtor to get them to throw in half out of their commission too) or pull the deal if you have too. Of course you can go back a 2nd and third time to the buyer or seller to try to make the numbers match, maybe that would help. Technically the buyer is in the right, and the seller should fix this (since its in the contract) but there is only a limited amount you can do (I mean its just not worth it to sue over a dishwasher). Best luck.
- Yes.. The contract is enforceable in a small claim civil court. Tell the listing agent that you will take her and her client to court if the old dishwasher is not there with in 48 hrs or 72 hrs... or if a new one is not purchased for your client right away. Call her broker to let them know about the issue,,, I am sure that her Broker will make her fix the problem on the spot. I am very sorry you had to clean the house.. Next time.. Just add that to your contract.. I know it is stupid but it takes a hard experience to learn that there is nothing stupid in real estate.. Cover your back as much as you can.. Especially if your client is very fussy.
