I just purchased a cottage and the seller is giving away items from the home.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I just purchased a cottage and the seller is giving away items from the home.
I just purchased a cottage. The listing stated, ‘small cottage with portable dock
and 2 sheds.’ I just recieved word the seller has given the portable dock to his
daughter and she removed it from the property yesterday. We haven’t closed yet,
but I feel that was not his property to give away. What can I do and what are my
options?
Asked on August 6, 2016 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If he listed that the cottage would come with the dock but he gave it away instead, the seller has committed fraud: he lied about a material, or important fact, to get you to enter into the transaction. That fraud could give you grounds to cancel the sale (if it hasn't happened yet) and get your deposit back; to potentially rescind it (undo it), if it has occurred; and/or to sue for monetary compensation (such as the cost to buy a new dock). If you and the seller can't work matters out (e.g. his daughter returns dock; or he reduces price to compensate you; etc.), then based on what you write, you appear to have grounds for legal action.
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.