Interesting Situation - All Fridges and Stoves Suddenly Belong to the Tenants

[Nir]

The agreement of purchase the seller and I signed clearly shows all stoves and fridges in this multiplex are included chattels meaning belong to the owner.

However, now that I own the property (closed a month ago) the tenants insist stoves and fridges belong to them. This contradicts some of the tenant acknowledgements I received prior to closing, others unfortunately did not specify that in the acknowledgement provided by the seller. I guess I could have tried harder to investigate the discrepancies prior to closing. However, don`t I have a case regardless of what is mentioned in the tenant acknowledgements since the purchasing agreement shows they are seller owned? Whose responsibility is it to resolve the issue now that I own the property? what are my options if the seller said the truth and the tenants are the less honest here?

would you contact either your lawyer, RE agent or the seller directly to investigate further or would you not even bother? I mean the tenants will not change their "mind". and I can`t even imagine the seller paying me for the "error" not mentioning I don`t really suspect the seller in this case.

Thanks,
Neil

 

[GarthChapman]

Get to your lawyer right away. Ask him what course of action to follow. I suspect he would write the Seller`s lawyer pretty quickly. He will know how to approach the issue and what your rights are. There are ceertain reps and warranties that form a part of the contract - and I think that those `survive` the contract (meaning roughly that they are still in force after the purchase closes). Make sure he has copies of the Tenant Acknowledgements.

He might suggest that you write to the Tenants informing them of your actions, and perhaps also that they have to prove their ownership, and that you have a legal claim based on the purchase contract.

 

[Nir]

Thank you Garth for the quick response and great suggestions!

I will contact my lawyer tomorrow morning..

Neil

 

[wealthyboomer]

I hope that you have the serial numbers of those appliances written within your contract.

 

[Thomas Beyer]

Usually you get estoppel certificates from tenants stating their lease terms, their rent level, their name, when they moved in, security deposits paid ... . Plus you should have received a copy of all leases ! Did you ? This is common practice in apartment building sales.
Assume for now also that some tenants may be lying to you. So, get a copy from every tenant in writing that states "I own the stove / fridge" signed by him and the previous owner. This is highly unusual .. hence assume for now this is not true ! Why would you do that as an owner ?

Get all the facts first .. not some tenant claiming "this is my fridge" .. maybe he just smoked too much weed the night before ! (Wouldn`t be the first time that a tenant makes up a story ...)

Once you know for sure that the owner "gave" fridges / stoves to tenants, demand the money back from seller, via your lawyer .. or in small claims court.

 

[Nir]

Interesting idea Wealthy boomer To be honest it is not included in the contract. thanks.

Thomas, thank you for sharing creative thinking. "I own the stove / fridge signed by him and the previous owner" - Nice one! however I can not imagine the owner actually signing something that will be used against him Again, it does help me deal with/see it from a different angle. Following a meeting with the real estate agent, I expect additional info/clarification once they reach the seller who is currently away..

Regards,
Neil