Legal Question in Real Estate Law in California
I purchased a quadplex from Freddie Mac back in January. There were 2 washers and 2 dryers on site when I viewed the property. Two days before the close of excrow as I was doing my final walk through I noticed the units disappeared and I mentioned this to my agent. He contacted the selling agent and the units were returned to the property. I wasn't sure why they disappeared or why they were returned but they were not excluded on the sale contract, the units were completely vacant when I purchased them and they were sold "as is". As such I was under the impression they were included in the sale. Four months later, as I was remodeling the units, a man from a leasing agency showed up and wanted to pick up the machines. I contacted my agent and questioned him and he asked the selling agent about it. The selling agent said they were leased machines and everyone knew this since it was listed on the MLS listing. Again, this was not mentioned on the sale contract and I frankly never saw the MLS listing, I was simply shown the units by my agent and made my offer. I have since negotiated to purchase the units from the leasing agent and I would like the seller to reimburse me for this expense. I have submitted the sales contract to the selling agent and he said he forwarded it to the asset manager at Freddie Mac. It has been two months since I first brought this issue up with them and I think they are stalling. What are my options?
2 Answers from Attorneys
You confuse me because you use the term "units" to refer to both the washers and dryers and the actual rental units.
I don't think you have a case unless the washer and dryer were expressly listed on the contract. Washers and dryers are not always considered fixtures, and many sellers take them with them when the leave, along with refrigerators, unattached microwaves, barbecue grills, etc. Even if you had a case, I doubt you would want to sue Freddie Mac in small claims court.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
