Q: Seller (in contract addendum) agreed to leave golf cart and didn't. Any recourse?
Purchased a property and seller agreed to leave all contents of the barn including electric golf cart. She mentioned to the kids she would leave it, repeatedly verbally agreed to it and it's in the addendum. She says because it took too long to purchase the home she gave it away to a family member. The property is off the grid and it was more difficult to get financing so we were all inconvenienced and I'm not sure why this should affect the signed agreement. Golf carts are expensive and getting a loan, despite good credit, wasn't easy because off-the-grid for some reason requires a higher down payment from traditional loan companies. I don't want to buy another. How can I sue and win? The property is in Roscommon, the seller lives in Brighton and I'm in Berkley, MI.
A: If there's a written agreement which calls for the seller to sell you the golf cart as a part of a sale of real property, unless the seller terminated the agreement due to a breach, or unless the agreement was modified, the seller would be obligated to deliver the golf cart. From the facts you have stated, it sounds as though you can sue and win. The suit would probably be brought in the state district court in Brighton, where the seller is located. I assume that the amount at issue is less than $25,000, so that places the suit in the district court instead of the circuit court.
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