philstein0
New Member
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?