Triplex Closes One Day, Things Gone Or Changed The Next
I just got the keys to a new triplex and two things changed when I saw it again:
1) one of the units no longer has a kitchen counter (one of those formica things where everyone can pull up a stool and eat breakfast). I imagine this is expensive to replace and
2) the middle tenants were supposed to be out today and it turns out that the tenant wants more time is moving their section 8 to another county. Supposedly she is getting me the phone number of the section 8 coordinator but I am freaked--this lady has one of those boyfriends that punches holes in the walls. I want them out!
What is the liability of the old owner for the counter? what about the tenant? I never saw the 30 day notice. Thanks.
LK Hughes
[ Edited by 3qu1ty on Date 12/06/2004 ]
Agreed. It's going to be hard to pin this on the old owner since it sounds like you didn't verify these things before closing.
LESSON LEARNED: Always, always conduct a final walk through as close to the closing time as possible, at the very least, the day before. And if something has changed about the property or the terms of the contract have not been met, like the tenant not being gone, then you can delay the closing, rework the price/terms, or walk with your escrow. After the closing, it is almost always too late to accomplish anything.
Roger
Thanks for the prompt responses. Appreciated.
Aren't counters "affixed" to the property and therefore part of a transfer of real property? I believe the word counters is included in the state purchase agreement here as well. Hmm...any thoughts? Thanks.
You could always take him to civil court, and you may win...after spending much more than the cost of replacing the counter.
ray has hit the nail on the head here.
Yes, counters a fixed and considered part of the property. Can you prove that the seller is the one who removed them? Did you buy the property "as is?" How long after the closing before you saw that they were missing?
See, even if you go to court, you will have a hard time proving your case. And as Ray said, you'll have invested more in court than the cost of a new counter.
Roger
If your options are do nothing or go to court and you pick do nothing, there's one more option. Call the previous owner and gratiously ask for reimbursement for the cost, or half the cost, or even the tax on the purchase... sometimes people are very easy to work with. Sometimes things can be worked out very easily if you just ask.
tom.
Sorry this happened to you, some people can be such jerks.
Did you go thrrough an agent? If so ask them to call the previous owner and ask that he return the counter tops.
I beleive that if they were there at walkthrough then they should be there now.
But like Ray said wouldn't be worth the trouble of taking him to court.
Next time change the locks right away.
nbhomes suggestion should certainly be tried first
[addsig]