Can I get out of contract for being lied to by seller/realtor?

Question

Basically what happened was the house includes a storage shed in the listing, with no mention of the fact that the sellers wanted to take the shed with them until after the offering/signing. We didn't think too include it because our realtor didn't advise us too when we were making the offer and told us all of which we would need to put that we wanted to keep. The listing advertised the storage shed, and the realtor plainly admits on a recorded message that she didn't think to put it in the contract herself because she assumed it was staying. We also directly asked her after the seller mentioned something about it to my father, and she confirmed that it was staying. Several weeks later, she says no (I have it recorded that she admitted it was staying). Now the seller wants us to buy it from them for $2000. She is also a dual agent, and I believe she purposely lied to us from the beginning at worst, or neglected our needs at the very least. Any advice?

Answer 1

No. You can't get out of the contract unless you still have a contingency you can exercise (such as inspection). Do you really want to blow the deal over a shed anyways?



You can buy the shed and then try to sue the realtor for $2000 (your damages) but you won't win. Unless the shed is a permanent structure (which most likely would have required a permit to build), the sellers are entitled to take it with them. It is akin to lawn furniture or a BBQ if it's not a permanent structure.



Buyers are responsible for independently verifying ALL information in a real estate ad. Anything moveable that is to be included needs to be in the contract, including things like appliances, hot tubs and portable sheds.



You could try to negotiate this with your realtor...play that message for her. Perhaps she will knock off a grand of her commission for her error (if she admits it).



ETA: You're being a bit overly dramatic.



1) The contract requires them to maintain the home in the same condition it's in until you take possession. They aren't going to trash it on purpose.



2) You have legal recourse if they lied on their seller's disclosure. But houses are sold "as-is" and it is YOUR responsibility to be satisfied with all inspections. This includes not just a regular inspection, but it might also include hiring professionals to do other inspections such as pest, mold, chimney and side-sewer. The seller isn't obligated to tell you every little bad thing about the house. They are required to disclose what is required by law.



3) You aren't "screwed." It's just a portable shed. Negotiate a deal or go buy the shed you want. In the scope of being a homeowner, this is a very minor thing. How about they discount the shed by 33%, the agent kicks in 33% and you pay 33%. You are ALL responsible for this predicament so why not share the cost?



4) Next time get your own agent and if you want extra protection, hire an attorney to review the contract. You had both of these options available but you did not exercise either one of them. Your victim routine is starting to sound a bit silly.

Answer 2

A shed is a movable object as is a washer and dryer. . A dishwasher is not a movable object, it is attached to the house. Moveable objects are owned by the seller and may be taken by the seller



Any movable object is not a part of the sale agreement unless included in the sales contract. Apparently this shed was not listed in the sales contract.



Oral agreements and statements are not apart of the contract you signed. These oral agreements are not

normally upheld in a courts.



Even though you have a recording of the real estate agent indicating the shed is part of the property and would stay, in most states, you are required to inform the person that you are recording the conversation. It is illegal to record someone without their approval.



So even if you have a recording you basically have nothing that would be admissible in court.



The real estate agent indicated that the shed would be included, but several weeks later indicated the shed would not be included. Apparently the real estate agent did her home work and confirmed the shed would not be include in the sale of the property.



One of the questions you need to ask before signing a contract is what is included in this contract? Does it include the shed as it is listed as part of the sale.



The real estate agent could have thought as you, that you understood what you were signing, therefore did not think it was important to inform you of anything else.



If the shed is that important to you, you might consider a counter offer to the owner's offer of $2,000, to buy the shed.



Your chance of getting out of this contract, based on the shed not listed as part of the contact, is not great without a financial penalty against you.



I hope this has been of some benefit to you, good luck.



"FIGHT ON"

Answer 3

The shed is considered personal property and as such must be specifically listed in the contract for sale and purchase. You may have some action against the agent whether or not she admitted the mistake. Google Realtor Code of Ethics and Standards of Practice.

Answer 4

You could use your inspection contingency to get out of the deal, buts its probably silly to throw the baby with the bathwater.



Look at it this way...both you and the seller want to make this deal happen. You don't want to pay $2K for the shed. You could probably buy a new sheld for that much. But, they don't want to have to move it.



I'd do one of two things, offer to buy it at a very fair price or tell them to take it away. You will either call their bluff because they don't want to move it, and they'll sell it to you cheaply. Or, they'll move it, and you can buy a brand new shed for $2K.



On a side note, you might be very right that the agent was in the wrong for not advising you to do this. She's a dual agent, which is a bad thing for you since she cannot represent your best interests. If you wanted to be aggressive about the situation, you could go after her for the error. Although there isn't anything you can do legally about it, you should let the agent know you are not impressed. Tell her that you think she was negligent about the shed, and tell her you expect to be compensated for that. Since she is making double commission, she might be willing to budge.

Answer 5

A shed that was "permanent" should not have been moved. In hindsight you could have specified in purchase agreement. But having said that, if it was permanent then take this seller to small claims court. It will be a judgement call if it was permanent. I sure think most outbuildings are permanent unless it was clearly of a size that is portable and a reasonable person would think it portable.

Answer 6

You can sue the real estate agent and the seller. One possible outcome is that the judge forces the seller to buy the house back. I would visit a lawyer and I bet the seller and real estate agent will figure out a better compromise when they get a letter from your lawyer. (Or you might realize you have a weak case-either way it gets settled)

Answer 7

If the shed is not attached to the ground and it was not included in the purchase agreement, you are not entitled to keep it.



If it is attached to the ground, it is part of the "real property" and goes with the house.



Are you going to walk away from the deal over a shed? You could probably a new one for the $2K that the seller wants

Answer 8

A contract induced by fraud is voidable. Damage after conveyance is criminal destruction or vandalism, and an intentional tort. You can have them charged and also sue them for the cost of repairs, not to mention for damages caused by their fraud. Your lawyer can examine your circumstances and appraise your chances of winning a judgment, let alone collecting.

Answer 9

No do not pay! She can take it out of her sales/listing commission, since she made the error. It may be too late to back out of the deal but you can delay the closing until it is resolved.

Answer 10

If the shed was listed in the listing. Then it's part of the sale. PERIOD. Yes, the agent should have listed it, but since it was already part of the sales price (per the listing), then it becomes part of the sale.



PS. recording someone without their okay, is illegal.

Answer 11

dont get the bit about the seller wanting to sell it to you



If its still on the grounds of your property then its yours (dont matter if its fixed or not)



If it aint then tell them to sh//ve it or if you want maybe offer them say 500 (looks like they've got a problem if they want ot sell it - maybe they dont have room to keep it)