Legal Question in Real Estate Law in Illinois

My sister is in the process of buying a home. It is a short sale home and she made an offer about 6 months ago and just finally heard back that the bank approved her offer. She signed a contract with the buyer stating that all appliances would be included. She recently had another walk through and noticed that the buyer have started removing some of the appliances. They are in the final stages of closing and now the buyer's lawyers have sent a new altered contract initialed by the buyers only stating that the appliances will not be included. My sister responded by saying that she never agreed to that and that her initials are not on the altered contract and requested compensation for the appliances. The buyer's lawyer responded by asking whether or not they are going forward. My question is, can they get away with this seeing as how there is a contract involved and it has been altered after being signed by both parties? What does she need to do to see that she is compensated? She really wants this house and does not want to lose it, but feels like she was tricked into agreeing on a price that included the appliances. The appliances seem to be average, nothing over the top except that the refrigerator and stove were stainless steel. Please help!!


Asked on 1/07/10, 12:03 pm

3 Answers from Attorneys
John Lee John D. Lee and Associates, LLC

As a general comment, I would say that your sister could have the seller return the appliances, or give your sister money for the value of the used appliances. You should get an experienced local real estate attorney to help your sister with this contract.

This answer is given as a public service to a general question, as does not by itself act as legal advice nor does it create an attorney-client relationship. A person should contact an attorney to more fully discuss all the questions and law in this situation.

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Answered on 1/12/10, 12:12 pm
Naheed Amdani Law Offices of Naheed A. Amdani, P.C.

When you say "buyer", I presume you mean "seller" since your sister is the buyer. Assuming your sister or her real estate attorney has the contract she actually signed, her real estate attorney should be able to assist her in either securing the appliances or a credit for them. If you need any further assistance, please do not hesitate to call.

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Answered on 1/12/10, 12:22 pm
Arnold Toole Toole Law Office, LLC

It sounds as if the Seller has breached the contract. The seller cannot unilaterally amend the purchase contract. Your sister should ask for the appliances to be returned or for a credit in the alternative. If they do not agree to either remedy, then there are other options that your sister has to enforce her rights, including, without limitation, encumbering the property until this matter is resolved. Doesn't she have a closing attorney? Feel free to call our office if you wish to discuss this matter further, 773-684-5730.

This reply does not cosnstitute an attorney-cleint relationship, and is specifically limited by the information provided.

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Answered on 1/12/10, 12:32 pm


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