Was I duped or do I have a case?

[philstein0]

Unfortunately, I had to short sale my home. In the listing agreement I stated that the washer, dryer and the refrigerator would not be included with the sale of the home. We found a buyer; my agent mentioned to their agent that the said items were not included in the sale as it was also stated in the MLS. I was doing the sale from long distance so when any documents were needed from me it was a rush for time. The buyers sent a contract which I had to take off early from work to get signed and returned. I did not see that they included the earlier mentioned items. It was not brought to my attention until about a week after I had traveled the 500 miles and moved all of my belongings. I told my agent that the items would not be included and they could back out if they felt necessary. My agent attempted to contact their agent several times and had to leave messages stating what I had said. The buyer's agent never returned my agents call. Being as I am new to this and my agent is not a full time agent; we felt that they accepted that the items were not included. Nothing further was said from the buyer's side until after the closing and the title agent had left the room. The buyer then told my agent that if I did not return the items he would sue for the amount the builders paid for the items who they had contacted and gotten all model numbers and prices paid. Obviously the buyers had this planned from the beginning and after the fact I now know an addendum should have been made. Am I out of luck?

 

[dee_dub]

IMHO, you probably are. Doesn't mean you can't make them work for it. Don't return the items; they'll sue you in small claims court; you'll have your chance to explain to the judge why you should be allowed to keep the items.

Here's what'll happen: the judge will consider your original listing and discussions. Unfortunately your signed agreement is at variance with that, and probably contains a "sole agreement" clause. They drafted the contract in their own favour - but you should have read all of it. Your communication after the agreement was signed is likely to be disregarded: you tried to vary the agreement, but they never agreed to that. Silence is not acceptance. So, if it comes to that, you will probably lose.

Alternatively, maybe you can convince the judge that the contract should be void since there was no "meeting of the minds". I think it's a long shot.

 

[Estate07]

I am totally agreed with Dee_Dub.
Just do what he say because I think he is right.