Can a seller remove items from property after an offer has been accepted and signed by both parties, even if conducted for alleged “saftey” reasons?

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Can a seller remove items from property after an offer has been accepted and signed by both parties, even if conducted for alleged “saftey” reasons?

I’m buying a foreclosure and the seller (Fannie Mae) removed the garden pond two weeks after signed offer acceptance. Removal of the item was not listed on documents nor disclosed to my realtor or myself. I was later informed (via listing agent), it was removed for “safety concerns”. Do I have any grounds for compensation or recourse against Fannie Mae or listing agency?

Asked on July 9, 2012 under Real Estate Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You absolutely have a right to have the sale price reduced or force the entity to reinstall the garden pond.  If this was a material feature of the reason you purchased the property and no disclosure was given, you need to speak with your broker/agent and get this matter resolved immediately. If you have not closed on the home yet, this is the perfect time to get this accomplished.


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