I'm in Utah and dealing with some drama with the buyers of my home. The buyers opted to forgo an inspection, but after their realtor conducted his own inspection, he asked my realtor about the washer and dryer that was supposed to be provided per the offer. I told my realtor there wasn't a washer and dryer in the home and never was since it was listed. She said that it was in the offer, so i need to provide them. I emailed back, ok, fine, I will.
Later, I went back and looked at the offer, and the portion about appliances states: 1.2 Other Included Items. The following items that are presently owned and in place on the Property have been left for the convenience of the parties and are also included in this sale: (check applicable box): [ ] washers [ ] dryers [ ] refrigerators [ ] water softeners [ ] microwave ovens [ ] other (specify) Dryer; Microwave; Range; Washer; Window Coverings
Because the contract specifically says "items that are presently owned and in place on the Property," and there was no washer and dryer on the property, I was told it didn't apply, so I didn't purchase them. My realtor pointed this out to them and they are pushing back. They are threatening to sue me because I agreed to supply a washer and dryer via email and agreed to the contract and I didn't dispute it by my due diligence deadline (which only applied to the disclosure form, anyway).
Is that portion of the contract still enforceable?
(EDIT: I will add that I have since moved out of state, so to pay to fly back out for small claims court isn't worth it and I would just buy the damn washer and dryer to avoid that. I'm just curious if I have any legal ground to stand on if I refused.)
Submitted October 27, 2016 at 06:07AM by JPickle82 http://ift.tt/2f8RaRk legaladvice
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