What to do if the outdoor fireplace listed on the description but not added on the purchase agreement?

UPDATED: Oct 1, 2022

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What to do if the outdoor fireplace listed on the description but not added on the purchase agreement?

We sold our house and I took the portable fireplace that was on the deck. It was listed on the description of the home when listed, however it was not added to the purchase agreement like the range, microwave, refrigerator, dishwasher, washer and dryer was. Now the buyer wants the fire place and said I have 7 days to return it or she will seek legal counsel. I guess the real question is do i have to give it to her?

Asked on April 30, 2019 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you don't, since it was not in the contract/purchase agreement. People are not just held to the agreements they sign, they are presumed by the law to have read, understood and (if they sign them) agreed to them. The buyer could have objected to this prior to signing the agreement and insisted that the fire pit be added to the agreement; having failed to do so, he is held to the agreement he signed, which overrules or supercedes any prior marketing materials, discussions, etc.
That's the law. Bear in mind, however, that courts do not pre-screen lawsuits to make sure that the person filing them will win; therefore, he can file this lawsuit and force you to spend time, money (if you hire an attorney), etc. responding to it. If you believe he will file the case, you may be best off giving him the fire pit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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