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William Raveis Real Estate - Poor Service and Broken Promises

Home Purchase - Complaint
Review by lorif on 2012-12-26
Rating: StarEmpty StarEmpty StarEmpty StarEmpty Star
DANBURY, CONNECTICUT -- I used an agent from the William Raveis Real Estate office located at 48 Mill Plain Road in Danbury, CT to help me shop for a new home. The agent I used was Ms. [snip]. When I found the home I was interested in pursuing, I had asked Ms. [snip] what was included in the sale. She told me the frig, stove, microwave, as well as the washer and dryer were included. When I decided to make an offer on the house, she wrote up the offer to purchase in which she indicated that ALL the appliances were included. This offer was given to the sellers agent who presented it to the seller. The seller accepted this offer without making any modifications to it.

On the day of the closing, I did a final walk through of the property. The washer and dryer were gone. Ms. [snip] said not to worry. She stated that the seller would either need to bring those appliances back and/or give me a credit at the closing. She promised she would "fix this".

Ms. [snip] did not show up at the closing and has not "fixed" anything. It turns out the seller never intended to leave the washer and dryer but Ms. [snip] was unclear about the terms of the sale. As a result, she misrepresented the listing to me and for this I have asked that she take responsibility. Thus far, she has refused to take any responsibility and so has her office manager, Ms. [snip].
Comments:5 Replies - Latest reply on 2012-12-27
Posted by madconsumer on 2012-12-26:
unless the sales agreement states specific appliances are included, one can never assume they are included. was your offer specific in which appliances will be included?
Posted by clutzycook on 2012-12-26:
I think you can get a real estate lawyer to fight this. It might be considered a breach of contract.
Posted by trmn8r on 2012-12-26:
I think you may have a tough road to hoe here, because washer and dryer aren't what one typically thinks of as appliances.

As commented above, the contract should spell out specifically each appliance that is to remain.
Posted by BigAl on 2012-12-26:
It would be cost prohibitive to have a lawyer intervene in this case. If I found myself in this situation I would pursue a remedy in small claims court.
Posted by At Your Service on 2012-12-27:
Small claims court, in my opinion, would be the only real option here. The question I would get answered is that if the offer and acceptance was based upon the generic term appliances or the specific terms washer and dryer. As it sounds it was the earlier of the two, small claims is not going to be a sure thing. You would have to depend upon your agent admitting they told you something verbally that wasn't put in writing. If that omission isn't made, there's nothing the courts will generally do to enforce a hypothetical contract. Unfortunately, all you'll likely end up with is another $150 cost to file within court.

Best of luck and let us know how things turn out. Thank you for posting.

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