Buying sellers washer and drier? After closing?

[sillygoosegirl]

We closed last Thursday and now the seller is telling us she wants the washer and drier that she left behind at closing. A month ago we'd expressed interest in buying them to our agent and asked her to find out what the seller wanted for them. We never heard back about that and were told by the sellers adult daughter (who was there at our final walk through) that the seller didn't want them and was leaving them. At 5:30pm when we got the keys, the seller said she had everything out of the house she wanted. She also left a ton of other crap for us to deal with, including a king sized mattress and a soaking wet overstuffed couch in the side yard. We didn't complain about all this mostly because we were happy about getting the free washer and drier.

She is now saying that she only left the washer and drier because she thought we were buying them. And she wants them back if we aren't. This is further complicated by the fact that they are upstairs and down a long curvy narrow hall. So I do have real concerns about damage being done to the house removing them. Legally, they are ours since they left them here, but I don't want to be a bitch just because I can, and it may have been a legitimate misunderstanding. The house was sold short and this woman lost everything, was recently divorced, has health problems, and a newly disabled adult child... So I don't want to take advantage. At the same time, she's also been a pain in the butt for the whole process (for example, there was an uncertified wood stove that had to be removed from the property as part of the sale; we took responsibility for that in the contract has legally there is a 90 day grace period after filing to get it done, but our mortgage underwriters insisted that we do it before closing. Rather than allowing us to put it on a hand truck and haul it away to an approve recycler, she insisted that we pay $250 to have a professional crew remove it. She also was also late getting the carbon monoxide detectors up and therefore we had to pay an extra $125 to the appraiser to make a return trip after they were put up. So I'm not exactly feeling generous toward this woman anymore). Also, I'm really annoyed it took her this long to let us know she wanted them after all--if we had our own washer and drier prior to closing, hers would be at the Habitat for Humanity Restore by now. In fact, we have donated, trashed, or recycled a good bit of her stuff already, so the idea of her now claiming ownership of anything in the house really bothers us, and we are kind of concerned about legitimizing her claim on one thing least she turn around and ask for something else that might not even be here anymore.

I still have no clue what she thought we were going to pay for them. They look like they were high end when they were new. Matching set of Maytags, with front-loading washer, but not stackable, which is what I wanted. I'm guessing they are around 10 years old, because that's when they took out the second mortgage and did a bunch of other stuff on the house. We're trying to figure out what we think would be reasonable to pay her for them now, under the circumstances. If it matters, the washer/drier set we had picked out when we thought she was taking them will be around $2100, LG, new, and stackable.

She also wants her homemade curtains back, which we have agreed to. Although the only reason the curtains aren't at Goodwill yet is that we like them and had wanted to keep them.

Thoughts about how to handle this situation?

[mrs.jacinthe]

Honestly, she doesn't have a leg to stand on. You purchased the house and everything that comes in it. If the purchase contract states something to that affect (and it should). then you can tell her that if she wants them, she can buy them back from you (and then charge her what you'd have been willing to pay). You purchased them with the house fair and square. Additionally, if you WERE to give them to her, you'd be setting a very uncomfortable precedent.

Then again, I'm a bit of a hard-ass, so take this with a grain of salt.

[wawa]

Honestly...and maybe this is my cranky pregnant ass talking...I'd tell her to buzz off.

I mean really...too bad, so sad. Your daughter said you didn't want them. They were there at closing. It's your house now, along with everything in it. You've been nice enough.

[kaylie]

What Wawa said, minus the pregnant part.

[ssmjlm]

Personally I would let her know that all communication should come from her realtor to your realtor and at this point she no longer owns the house or anything in it.

[wawa]

Dec 31, 2012 13:40:24 GMT -5 ssmjlm said:

Personally I would let her know that all communication should come from her realtor to your realtor and at this point she no longer owns the house or anything in it.

Also this. And I'm really loving that so far everybody is on the hardass bandwagon.

[emjacobs]

1) She should not be contacting you directly and I would request that any communication in regards to the house, property, or contents be passed from realtor to realtor.

2) There was nothing in the contract directly regarding the washer and dryer and as of x time and date you took legal possession of the house with all of the contents.

3) Her daughter was present at the walk through and acting as her agent and stated that the washer and dryer were to convey with the property.

4) The owner stated that she had everything removed that she wanted.

I'm sorry but she can kindly f off.

[Deleted]

I'm in the F off camp too. I'd really want to play nice just becuase I do feel bad for a bit, but the reality is, if she wanted/needed her washer/dryer that damn bad she'd have taken it out of the house long before closing.

[kaylie]

Plus I guarantee you're going to find something she did wrong in the house at some point that will cost you a few hundred bucks and you'll be glad you told her to F off over the washer and dryer. I curse the previous owners of our house at least once a week.

[bunnymendelbaum]

I agree with everyone else.

Our BSC previous owner came back and wanted to take ceiling fans, etc. My dad was here and told her to F off. Not before she spotted her hash pipe though. He did let her have that.

[heygrey]

team hard ass.

and i wouldn't give her back the curtains. if she wanted them, she should have moved them out before closing. that was the deal. no take backs.

[pumpkin]

Dec 31, 2012 13:52:05 GMT -5 emjacobs said:

1) She should not be contacting you directly and I would request that any communication in regards to the house, property, or contents be passed from realtor to realtor.

2) There was nothing in the contract directly regarding the washer and dryer and as of x time and date you took legal possession of the house with all of the contents.

3) Her daughter was present at the walk through and acting as her agent and stated that the washer and dryer were to convey with the property.

4) The owner stated that she had everything removed that she wanted.

I'm sorry but she can kindly f off.

Ditto this

[april37]

I agree with everyone else. They are no longer hers and, under these circumstances, I would not give them back to her.

[sailorgray]

Have you contacted your REA? I would and, like pp said, tell her to contact your realtor when it comes to anything regarding the house. I just worry that if you let her take them, she will never go away.

I don't know. I kinda equate it to someone coming into my home and asking for something that I owned b/c, well, you own the w/d.

[pamela]

Ditto, stop talking to her directly. Ask your realtor because in some states there is a grace period where they can claim something if it isn't specifically stated on the deed. But I would not be letting her back in the house. That means she's not getting the curtains because I'd be afraid she'd cause a scene wanting to take the W/D too and you not having any backup to deal with it.

She didn't get taken advantage of, she's trying to take advantage of you and get you to pay her for the W/D she didn't want to deal with moving and is trying to force you into doing it this way. Not a great plan on her part unless you give in.

[emisi]

Ditto everyone else. Sounds like she's been a totally pain in the butt so far, consider them your payment for putting up with her. 10 year old w/d? Probably worth like $500 total, max. She's just being a pain because she's mad she had to short sell her house.

[Deleted]

I wouldn't buy/give her anything at this point (even the curtains, she should have taken those when she moved). She had plenty of time and if she wanted you tp [urchase them that should have been put in the contract. Out of luck.

[dexteroni]

You mean she wants *your* washer and dryer and *your* curtains, as they are no longer hers. Do you normally give away your belongings for free to someone you barely know and who has been a pain in the ass to you? I sure hope not! Tell your realtor to tell her realtor if she wants anything that transferred with the house, she should make you an offer.

[emisi]

Another thought - she's probably in need of cash, and decided that telling you "oops, I actually wanted those, but you could maybe buy them off of me!" is a good way to get a nice chunk of change quickly. Tell her to take a hike.

[LoveTrains]

Hell no. She can eff off. That stuff is yours now.

[patches31709]

Jan 1, 2013 0:18:55 GMT -5 @callmefia said:

I hope you have changed the locks because if not.... I am sure she will rip you off :/
Tell her to contact her realtor for all communication and to kindly keep the eff off your property. Not hers anymore, and she is not welcome.

Exactly what I was going to say.

[katie4253]

You are not a bitch. She is for leaving something she wanted because it was a PITA to move. If she continues to be an idiot I would probably have a lawyer write up a letter (it will cost you not too much) and have it sent to her via certified mail.

I would also not allow any direct communication. She needs to put her big girl panties on and realize she f-ed up.

[sjh722]

Tell her to direct communications to her agent. The agent should shut that down pretty quickly.

[vanillacourage]

Ditto everyone else, especially Pamela about not giving her the curtains because it will open the door (literally) to her wanting more.