What can I do if I’m in the process of buying a flipped home and I’m not being given an appliance that was promised?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if I’m in the process of buying a flipped home and I’m not being given an appliance that was promised?
They made over $250,000 on the flip. There was a sign on the wall in the kitchen saying that a Jenn-air fridge would be coming the next week when we made the deal. We even asked him if it was counter depth and he said yes. Now, today (a month later) eight days before closing, he says he is putting in a Samsung or he can give us $1700. I have a picture of the sign that clearly said it would be a Jenn air fridge (to match the appliances). A Jenn air costs at least $3000 without a warranty. Can he get away with that? Isn’t that fraud?
Asked on August 4, 2015 under Real Estate Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It would be fraud if at the time he made the promise (via the sign) to provide the Jenn Air, he was lying, or did not intend to provide that fridge. Even if it's not fraud, though, it may be breach of contract, since a court could find that the contract of sale was to buy the home as represented, and that included having a Jenn Air fridge. So you may have a viable legal claim for the Jenn Air. Unfortunately, if he won't voluntarily provide it (or the $3,000 it costs), you'd have to sue him to seek the money, and lawsuits have their own costs, in terms of both time (e.g. time away from work--court is held during the work day) and money (court costs at least; you can avoid legal fees if you act as your own attorney, or pro se), so you need to decide if it would be worthwhile to sue the flipper for the extra money (the extra $1,300).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It would be fraud if at the time he made the promise (via the sign) to provide the Jenn Air, he was lying, or did not intend to provide that fridge. Even if it's not fraud, though, it may be breach of contract, since a court could find that the contract of sale was to buy the home as represented, and that included having a Jenn Air fridge. So you may have a viable legal claim for the Jenn Air. Unfortunately, if he won't voluntarily provide it (or the $3,000 it costs), you'd have to sue him to seek the money, and lawsuits have their own costs, in terms of both time (e.g. time away from work--court is held during the work day) and money (court costs at least; you can avoid legal fees if you act as your own attorney, or pro se), so you need to decide if it would be worthwhile to sue the flipper for the extra money (the extra $1,300).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.