Recently purchased a fully furnished manufactured home in Arizona. During the purchase/offer the owner said the home was being sold as completely furnished. He said, "I am only taking my booze and a few personal things." I had the realtor and a personal friend with me as we walked the house and the owner told us everything was staying with the home. Our contract said "Buyer shall provide list of items not included in sale" (Realtor erred, should have read, "Seller"). Anyway, seller provided us with a list of items he was leaving behind today (one day before close of escrow). He had taken 75% of the household items he had verbally agreed to leave. My realtor contacted him today at his home and he said he was not returning any of the items he had already moved. We asked if he would compensate us and he said no. I considered backing out of the deal, but my realtor said I could possibly lose the $10,000 earnest money I had given escrow. That doesn't include everything else I have paid for.
I made the mistake of not getting a detailed list at the offer stage (of furnishings). My realtor erred in not properly completing the contract and listing buyer instead of seller on the contract. The seller has reneged on his word and our verbal agreement. I obviously have my friend and realtor as witnesses to the verbal agreement. His realtor was not present during the offer to purchase. Total loss of furnishings: approx. $4,000. I took extensive pictures of the home and furnishings the day of the offer.
I plan to pursue this in small claims court. Do I stand a chance at winning this case?
Thanks for your time!
I made the mistake of not getting a detailed list at the offer stage (of furnishings). My realtor erred in not properly completing the contract and listing buyer instead of seller on the contract. The seller has reneged on his word and our verbal agreement. I obviously have my friend and realtor as witnesses to the verbal agreement. His realtor was not present during the offer to purchase. Total loss of furnishings: approx. $4,000. I took extensive pictures of the home and furnishings the day of the offer.
I plan to pursue this in small claims court. Do I stand a chance at winning this case?
Thanks for your time!
