Q: This relates to a real estate contract, we are the buyers. The purchase and sale agreements lists the washer and dryer
We did the walk thru yesterday to discover the seller had removed the two items. Have the sellers defaulted on the agreement and do we have the right to cancel and get our deposit back?
A: The inclusion of the washer and dryer are material to the contract. Therefore if the washer and dryer were removed, you don't have to close as the seller has breached the contract. You can set the condition of closing to be that the same or better washer and dryer are replaced and put in the house. To save the sale the real estate agents may offer to pay for the replacements. In the end however it all comes down to what your contract says. if it is to be included, then either the price has to be adjusted or a credit given to you for replacements, or you can hold the seller to the contract and not close unless the equipment is there and in working condition.
Seril L Grossfeld agrees with this answer
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