Aurora, CO asked in Contracts and Real Estate Law for Colorado

Q: I just purchased a house, the purchase contract said it included "all appliances." They took the washer/dryer. Illegal?

Also in the contract, they were able to stay until the 15th, when we closed on the 31st. So, when we did the walk through, they were there and we have pictures.

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Based on your facts, this is a violation of the sales agreement (this is not "illegal", but is a civil--contractual--violation). You should start by contacting the agent about this problem. If you reach an impasse you may need to contact a lawyer for assistance. Expect to pay for the legal assistance.

In situation like this the two most common requests/resolutions are either: (1) returning the fixtures per the sales agreement (aka specific performance) or (2) reduction in price based on the FMV of the lost fixtures.

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