My parents are getting a new house soon. Before we signed the contract and all other supplemental documents, we didn't ask for Washer, Dryer Microwave (Approx. $1000 value). We just negotiated the price with them. However, when we signed the contract and documents, there is one document(Construction Option pricing) says that washer and dryer, microwave, range refrigerator, dish washer, garbage disposal are INCLUDED and the owner had signed his name on it(This document was provided to us by the seller).Now we asked him to give us those Washer, Dryer and Microwave through our real estate agent. At first, his agent said the The seller or his staff made a MISTAKE on the document, so we CAN"T get the appliances; and today they said they agree to give us Microwave only, but NO washer and Dryer.Does anyone has similar experience before??Can we get Washer,Dryer and Microwave???If not, can we sue the seller??? Any advice will be appreciated.Thanks.
Prior to knowing they were included, did you negotiate the price in writing? Did both parties sign? If they said they did not know if it, then why is their sig on the original paperwork? If they did not read it, it's not good enough. They owe you the appliances and your 1000 dollars back. Good luck. A swift and cutting letter from your attorney should get their attention enough to fork it over.
An oral agreement conveying real estate in unenforceable, so you can only enforce the contract that they signed, and if they signed it stating that the appliances were included, then whatever appliances listed are included. They cannot back out of it on the grounds that someone who worked for them made a mistake - they are charged with any mistake made by anyone working for them, including their real estate agent and anyone in the real estate agent's office.
