What happens if a real estate listing changes after a offer is accepted?

Question

I recently made an offer to purchase a house in Texas and the offer was accepted. The house is being sold out of an estate. The original listing had several items including the refrigerator, stove, etc. We are supposed to close on the house in a few days but several of the items that were on the original listing have been sold out of the house and the listing has been changed to omit them. I have a copy of the original listing that listed all of the items. Is there anything that I can do such as ask for money at closing?

? · Accepted Answer

Absolutely!  If the original listing had those items included, and now they've removed it you can absolutely ask for either those item to be returned/replace/compensated.  Good move to keep the original listing.  You have all the power until you sign the closing documents. If you do not get this resolved prior to closing, forget about any compensation.  Contact your realtor to get this resolved immediately.

EDIT:  The people telling you that you're "out of luck" "Don't have a leg to stand on" don't have a clue.  You have the power of the purse.  You have ALL the power because you could choose to back out due to the way they marketed the house.  I guarantee if you threaten to back, you'll get compensation.  Maybe not all that you wanted, but you will get something.  Even the realtors may agree to take a cut of their own commission.  I've seen realtors reduce commissions by $500 in each side ($1000  total) to make a deal work.  Happens all the time.  And if they come back and say it wasn't in the written offer, I can tell you I've seen underwriters require fridge stove etc. be removed from the purchase agreement if they are included.  It is common sense that a fridge and a stove would be included.  (Unless specifically stated otherwise)

Doug J · Answer

A listing is just an advertisement for sale, not an agreement. If it is not written into your purchase agreement you probably don't have a leg to stand on. If it is written into your agreement you absolutely can ask for the items or compensation. In real estate, everything has to be written into the agreement.

I think Jim doesn't have a clue. You can try what he is suggesting and see if it works and risk being sued for breach of contract. You can try playing "hardball" but if the other parties decide to play with you, you will lose. You don't have the "power of the purse". Ask your own lawyer.

acermill · Answer

Judy and Doug are correct.  The listing advertising has NOTHING to do with the final agreed purchase price and inclusions/exclusions.  Your offer to purchase must specify what items are included and what items are excluded from the price you offered.  If your offer did not specify any inclusions, then the sellers are free to remove any and all items which are not considered 'permanent fixtures'.  Sorry about that.

? · Answer

i think you need to attend until the itemizing expires and then purchase it however the seller could be leaving himself open to a lawsuit by utilising the itemizing Realtor in view which you have already made a written furnish at the same time because it advance into listed. it ought to or won't be criminal yet what's being proposed truly isn't ethical.

Judy · Answer

Forget the listing - what did your OFFER say that they signed.   If it listed them, they've left themselves wide open to have to drop the price or replace the items.  If your offer didn't list them, you may be out of luck.

What happens if a real estate listing changes after a offer is accepted?

5 Answers