I just purchased a cottage and the seller is giving away items from the home.

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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 4 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.


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