Seller Doesn’t Give the Keys to Buyer at Closing, what do you
I heard a case
tonight that boggled my mind and made me so upset of the way some
agents and brokers act and do business that I really had to take
some blood pressure pill, lay down and respond to their … responses.
The story is that I
got an email from a buyer’s agent that they have closing tomorrow
morning and the seller has gone to closing this afternoon. However,
the Seller did not give the three remotes for garage door openers as
he stated in Seller Disclosure Notice.
Paragraph 2C (Accessories) of purchase contract also lists the 3
controls for garage doors, and they are not listed in Paragraph 2D (Exclusions).It
means the house was advertised with three remotes, it was listed in
the contract and it is in the seller disclosure notice too.
However, the seller had claimed that he cannot find the remotes and
had not surrounded them to the title company. the listing broker
he argues that even though they are listed in the SDN and in
paragraph 2C, the Seller does not have to convey any of the items
in paragraph 2B or C if he can't find them or no longer has them...
The Buyer’s agent was asking for some suggestions to what to do.
Many colleagues responded “Seller bad boy ..” and agree that the
seller is doing bad things but suggested to the Buyer’s agent just
go and buy three remotes from your pocket and have a closing. A few
of us, me particularly, I got so upset specially when I saw and
heard responses from the listing agent and his broker supporting him
The listing broker argues that even though they are listed in the
SDN and in paragraph 2C, the Seller does not have to convey any of
the items in paragraph 2B or C if he can't find them or no longer
Also, listing Broker stated that: It would be very difficult to
prove that any of the items in paragraph 2C, D were present at the
time of execution of the contract, therefore the Seller does not
really have to convey them.
The listing agent is hanging his hat on the word in paragraph #2.C.,(
Accessories stay “if any”) and he is saying there are not “any”.
These are the most ridiculous
statements I have ever heard in a real estate transaction.
When the seller
signs the offer from buyer, at his own comfortable place and time,
perhaps at midnight, there is no body from Buyer’s side (either
Buyer or Buyer’s agent) is present behind his/her shoulder to see
what is in the house in that exact moment and second that seller is
signing. Sorry this is a … .
Buyer based on the
visual inspection of the house and documentation makes an offer. The
Seller cannot and should not change/remove/replace anything after
receiving an offer from the buyer, that is a FRAUD. In many cases,
it is not hard to proof that seller has changed/replaced/removed
something, for example, I personally take pictures of accessories,
Chandeliers, speakers, etc on the day of preparing the offer.
At the “Walking through” before closing and after Closing I compare
everything with pictures I have and if I see something different I
raise the flag (this is FRAUD) and if the seller doesn’t do anything
about it or wants to play smart game like this case, he will be
charged with FRAUD.
Based on the listing broker’s: If Seller claims or really loses the
key to the house, then he doesn’t have to provide keys to the house
at closing and to the Buyer. Then, How the Buyer gets in to the
house? Are you suggesting Buyer or Buyer’s agent to pay for keys or
If I were the buyer, with the way that I am upset of this case and
responses from the Seller and Seller’s agent/Broker site, I would
take this case to the highest court to teach all of them a lesson.
What do you do in cases like this?