The Refrigerator That Wouldn't Die

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Just bought a duplex. Purchase contract states that all appliances are included. During the final inspection, we notice that a fridge has disappeared. Turns out the seller’s daughter took it. So we agree that either she returns it to us by the end of this week or we get $500. Yesterday I get a call from the daughter telling me how the fridge was 25 years old and that she actually had to pay $10 to have it removed from the property. Then she offers to give us $75 or go to Goodwill and buy us a fridge there. I guess there’s nothing particularly unusual about this, but I thought I’d share this little story while I’m on hold with my lawyer.

What you all think? What would you do?

Comments(5)

  • feltman19th August, 2004

    I guess this is somewhat a sore point for me as well; if you promise it, then it should be delivered.

    Personally I'd much rather the $500 than the returned fridge - they obviously thought they were getting one past you and you caught them. The $500 is fair compensation to make sure they don;t try that again.

  • alexlev19th August, 2004

    I'd also rather have the money. But I don't really think they did this maliciously. Someone just didn't think to tell someone else. But they are definitely trying to weasel out of it now. Still, that's not my problem. And since I don't usually accept a car with only three tires, I figure that I should get what I paid for. Besides, the seller went into a rest home, not a mental institution. Both she and her lawyer knew what they were agreeing to.

  • jameswing14th September, 2004

    Do you know for sure it was 25 years old? Can they verify that, If not get the $500 that you agreed upon. Did you see it before the fiinal walkthrough? You don't want them to have removed one that was in good shape, and replace it with one that barly works.

  • studlee14th September, 2004

    Hey Alexlev!
    I would demand the $500 if the week has past. Maybe next time they will do it more honestly.
    Did you have them put the $500 in escrow at the closing table?
    Just wanted to say I have always enjoyed your posts and we must have a lot of properties alike.
    Good Luck.
    Jeff

  • alexlev20th September, 2004

    Thanks Jeff.

    This thing went back and forth for a ridiculous amount of time. Also, we did recall that the fridge was pretty old. Ultimately, I agreed to take $200. Then went out this weekend and got a great used fridge for $50. I realize that I could have continued fighting this, but I the sellers don't seem to have anything better to do than sitting around arguing with me. I've got too much to do to argue over $300. At least in this situation. After putting about $5,000 into rehabbing this property, I've just rented out the first unit and am showing the second. As soon as that one is rented, I'll be looking at net cash flow from this property of over $4,700 per year. Making this property a successful cash machine will be my revenge on the fools who couldn't manage it properly and sold out to me.

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