QUESTION
Is it legal for seller agent to change property description after we have gone into escrow?
Asked on Apr 27th, 2015 on Real Estate - Colorado
More details to this question:
Hi, we just went into escrow to purchase a new home. However, we have just been informed that an built in BBQ area (aka, outdoor kitchen) is going to taken from the home. When we looked at the original description of the home it said that " The beautiful backyard has a covered patio featuring a built-in BBQ area (BBQ not included) and ceiling fans." We assumed this meant the sellers would be taking the drop in bbq with them, but not the whole built in BBQ area (outdoor kitchen). Also, now we have noticed that the seller's agent has changed the description of the house on all the websites so nothing about a built in BBQ area is even mentioned. That is after we asked for clarification on this matter. All of this transpired after we went into escrow. I guess my question is, is this legal? Especially since this outdoor kitchen was a key selling point for us.
1 ANSWER
3 Awards
The seller has no right to unilaterally change the property which is included in the sale. Also, unless specifically agreed otherwise items that are "attached to the real estate," are considered part of the real estate unless otherwise excepted.
Be sure to inspect prior to closing, if the property is not as expected you should consider not closing. If you want to head this off before closing day you should consider hiring an attorney to send seller a demand letter.
Good Luck!
Answered on Apr 28th, 2015 at 12:09 PM
Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.