Legal Question in Real Estate Law in Michigan
Buying a forclosed property from Bank
1. We signed buyer contract for a forclosed property by bank. It had a baby grand piano as well.
2. We signed the property '' Buyer accepts the Property in ''AS IS'' condition at the time of closing
3. Personal propperty - Items of personal property are not included in this sale
4. The listing agent took the piano and now is stating the ''cleaning crew'' took the piano.
We are closing in two days, what recourse do we have?
The bank who owns the propoerty does not know or care about the baby grand paino. The listing agent went in and took the piano although he has no claim to it. All the pictures we took had the baby grand in the pictures and we though we were buying the home ''AS IS''. The people who were foreclosed on the property about 5 months ago left the piano (over 1200 pounds)
1 Answer from Attorneys
Re: Buying a forclosed property from Bank
Unfortunately the listing agent can take that piano. They have a responsibility to the seller (mtg co) to clean out the property before it is sold. This includes junk that may be on the property as well as treasures. The Buy/Sell agreement you are referring to is very specific as to personal property as the contract is for the purchase of real property - not personal property. You could have stated in the buy/sell agreement that you desired the baby grand to stay. In that event the sale of the piano would have been part of the purchase of the real estate. Good luck with your purchase.
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