One last real estate?

[TexaRican]

So we had a walk thru last night and discovered our sellers took all the curtains and rods leaving nasty holes on the walls. These items were not excluded in the contract but I had to close anyway this morning. We demanded they remount everything but they refused. My realtor has an email from theirs stating she knew they planned to take these items and did not tell us. My realtor will file a former complaint on theirs and is demanding money but I don't know if that will get us anywhere. What other recourse do I have? Small claims court?

[Stan R]

If your agent knew and did not tell you I would make her pay.

She works for you and is required to give full disclosure.

[elkbowhunter]

Pretty dang sure they can't take fixed curtains rods. I would have the realtor take charge on this and have them hire an attorney. They represent you. They are representing you and like Stan said...>FULL DISCLOSURE. Give them opportunity to do the right thing then seek justice.

[Cratus]

I would be ****** if that happened to me. Wish you knew what kind of sellers you were dealing with before you made an offer. No common courtesy at all. When I sold my house, there were a bunch of stuff that I realized I wanted to take with me but forgot to list in the contract yet I knew that was my bad and let the seller keep it all because that was the right thing to do (new showerheads, desk that I built in the garage, etc).

Don't know what else you can do after filing the complaint. Find out where they live, make friends, get invited for dinner and pull the **** curtain and rods off their walls and leave with them?

[TexaRican]

If your agent knew and did not tell you I would make her pay.



She works for you and is required to give full disclosure.

No. My agent did not know until we saw it last night. Then their agent admitted that she knew. That realtor should pay as should the sellers.

[txarcher]

A Seller has the right to take fixtures as long as it is agreed upon by both parties and plainly spelled out in the contract. If it wasn't in the contract, fixtures are supposed to stay with the house.

[Wayno]

It sounds to me like the seller's realtor is the one that knew, but the buyer's realtor did not. If this is the case, I would think it should come out of the seller's realtor's commission. If the sellers made their realtor aware of their plans, they did their job...their realtor did not.

[TexaRican]

Well we are just trying to focus on the huge blessing that selling our house finally brought. I really capitalized on the dramatic market appreciation in my neighborhood so a few hundred for window coverings is not a big deal. However, I'm getting tired of being the nice guy and getting run over all the time. This one is a matter of principal. I may go after them even if it costs me more in the king run.

[quackaholic1]

I would be upset to but you should have asked for it in the decree or at closing told them to put them back or you will not sign and they balked as they get get up and start walking out, 99% of people will change their minds then.

[Stan R]

Make a complaint to the agents broker that had knowledge.

If that does not work file a complaint with the board of realtors the agents belong to or the Texas Real Estate Commission

[TexaRican]

Make a complaint to the agents broker that had knowledge.



If that does not work file a complaint with the board of realtors the agents belong to or the Texas Real Estate Commission

My realtor and her broker are filing a formal complaint if the sellers broker does not make it right for us.

[Stan R]

My realtor and her broker are filing a formal complaint if the sellers broker does not make it right for us.

That is the best way.

[AntlerCollector]

Man sorry to hear this. That puts a damper on things

[TheGasMan]

If they did it after the 'final walkthrough' you might have a case.

[Birddog66]

The simplest thing to do would have been to not close until window treatments were returned and remounted. But I understand other things get in the way of doing that. At this point, if they do not want to do the right thing and return/remount on their own, you can talk to an attorney or take them to small claims court. Their agent should have told them NOT to take them. If it was not excluded in the contract they are in default and can be held liable. There's not a lot an agent can do after closing except try to mediate and fix the problem. If that does not work it becomes a job for an attorney.

If the listing agent knew about it - why didn't he/she try to stop them? To heck with letting you know about it. "oh btw - my clients will be stealing the curtains/blinds from your clients."