What to do if the refrigerator from the house that we just bought was taken by a tenant?

We’re buying a house and in the offer we asked that the refrigerator be included in the sale. We are supposed to close next week and the tenant, who was living in the house, has moved it into his new house (it belonged to him, unbeknown to us). I brought this up to the listing agent and she admitted that it was her mistake and that she should have counter offered the fridge out of the deal. She apologized, but when I pressed, she told me to go pound sand. Can I close escrow and then sue the seller, the listing agent, and her broker for the cost of a new fridge, or is closing escrow accepting the appliance?

Asked on March 4, 2012 under Real Estate Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 8 years ago | Contributor

It should never be part of the sale. A refridge is not a fixture. The tenant owns the house and the owner has not good title to it. The listing agent screwed up and you have to hold her liable. Talk to her broker.


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