Legal Question in Real Estate Law in Michigan

included items in sale yanked after we signed contract

We signed a purchase agreement and further addendums for a home we are purchasing. The listing card specified the hot tub was included in the sale of the home, and stated that ''soaking in the newer hot tub provides relaxation at its best.'' A week after the sellers accepted our offer, and signed, their realtor informed us they will not include the hot tub. Their realtor also mentioned he is interested in the hot tub. The hot tub was never written into, nor written out of, the purchase agreement. Their listing said it was included, and they never implied differently, so we never questioned it. Also, it is a 220-volt hard-wired item, with a deck surrounding it on two sides -- l-shaped around the tub. It is wired through a crawl space and into an independent breaker box in the garage. Does this constitute it as being built-in??? Does the realtor's code of ethics come into question here? How about the MLS listing? Any help or advice would be greatly appreciated!!! Thanks in advance...


Asked on 4/29/02, 10:20 pm

1 Answer from Attorneys
Don Darnell Darnell & Lulgjuraj, P.C.

Re: included items in sale yanked after we signed contract

The tub sounds like a "fixture" - which means that it is part of the residence. The listing sounds like an offer to sell the residence with the tub, and without an exclusion the tub should have been left. I would bring an action to recover the cost to replace the tub.

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Answered on 4/30/02, 12:07 pm


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