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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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