We are buyers and closed escrow on a short sale on Wed.
When we walked through the house originally, there were window treatments on all the windows: wood blinds.
We we got the keys, all the window treatment were taken down, brackets left attached. The house was a mess, trash everywhere, carpet was trashed during the move. According to the sales contract, the window treatments were a part of the home. Is there anything I can do with the bank? I know I can take the sellers to small claims court, but considering they don't have $$, can I approach the bank?
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wow Janice, sorry that happened to you but in the real estate world, we Realtors see unscrupulous buyers & sellers all the time. The bank won't do anything for you. Small claims isn't even worth it.
Susan suggested contacting the seller's agent - she might be on to something there....
If you didn't have a buyers agent, was the seller's agent acting in a dual capacity (dual agent)? If so, then part of the seller's agent responsibility was to you - and your pre-closing walk thru (standard clause in a lot of contracts)
Who prepared the contract etc for you to sign? Look on your closing statement - page 2 - top of the page - how was the commission disbursed?
Unfortunately, this is the risk with Short Sales, especially when the seller does not take ownership of their own situation. As others have said, the bank simply approved the amount of LOSS they were willing to accept. The have nothing to do with the actual transaction between you and the Seller.
What does your REALTOR say? I hope you had your own representation and didn't use the Seller's agent on your side as well......
If you got a good price, then window coverings should not be a big deal.
Best of luck,
Thom Colby
Broker
Newport Beach CA
Unfortunately, this is the risk with Short Sales, especially when the seller does not take ownership of their own situation. As others have said, the bank simply approved the amount of LOSS they were willing to accept. The have nothing to do with the actual transaction between you and the Seller.
What does your REALTOR say? I hope you had your own representation and didn't use the Seller's agent on your side as well......
If you got a good price, then window coverings should not be a big deal.
Best of luck,
Thom Colby
Broker
Newport Beach CA
Kate,
Would close knowing that you are bumping up against the short sale lender's closing date ?
Kate Edwards said:
Sorry to hear about this! I represent buyers who purchase short sales, I am closing on one today, I am doing the final walk-through one half and hour before they take ownership/possesion of the home to make sure the condition has not changed, if it has then we will not close escrow, Did you do a final walk-through on the property? Were you represented by a buyers agent?
The bank is a beneficiary in this transaction and not a principal to the contract.
Small claims it pretty much your only option but even if your clients get a judgment, how will they collect?
It seems maybe the listing agent dropped the ball on this one.
Sorry to hear that. The bank didn't sell you the house, they just approved the short sale, so they are out of the picture. Have your agent contact the sellers agent and see if she can get the window treatments back. As far as the house being left in a mess, sadly it happens sometimes on short sales, mostly because the sellers are upset. I even seen it on standard sales. You said that the carpet was 'trashed". Do you mean dirty, or damaged? The sellers agent should have been closer in touch with their clients. Again, go to your agent and see what she can work out with the sellers agent.
Good luck and congratulations on your new home.
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