Forget about an attorney and lawsuit. You have NOTHING in wiring, and the real estate agent can simply respond by saying "I never said that to the buyers'. It's a swing set. Get OVER it and buy a new one.
You're going to "contact your lawyer" over a play set? That's not realistic. As others have stated, if the item wasn't included in your purchase agreement, you have no case. You can blame whomever you wish.
Your agent was wrong not to include the play set in the contract. Generally personal property is not included unless specifically mentioned in the contract. Google Realtor Code of Ethics and review and then file a complaint with the local Realtor association.
Blame yourself. It should have been put in your contract. Personally I don't think your agent lied to you.
My guess is that both agents assumed that the homeowners would leave it .
The homeowners were probably never asked.
What exactly was the lie?
Was the play set permanently installed in the ground? If yes, it should have been included in the sale automatically.
If it was just sitting on the ground it is considered "furniture" and it's not included. Your realtor may have very well told them you'd like to have it if they want to leave it. And they might have said yes. Then they may have had someone offer them MONEY for it or they decided to gift it to a friend or church or whatever. It is totally within their right to change their mind.
I'm not quite sure why you think someone lied.
It would have been different if you had offered to PURCHASE their yard toys but you didn't. So you don't have any right to them and yes, they probably just changed their mind about where they wanted the stuff to go.
It's also possible the seller was concerned about their legal liability if the play toys were not up to code or not professionally installed.
P.S. The agreement didn't have to be in the original purchase and sale contract. A separate bill of sale could have been written up at any time. But you didn't offer to BUY them. You just wanted them to leave them there. Which they originally agreed to and then changed their mind. No harm, no foul.
Maybe you're looking at the wrong end of the situation. Perhaps your agent was also deceived by the original owners and thought they would leave it too. Try asking your agent(politely and not accusing) if you could attempt to contact the original owners and ask about the play set. Also try to do this in a nice way. Maybe it was an entire misunderstanding on everybody's part. If not, then there are always other alternatives, like building your own play set if you can't afford one yourself. You could also buy a nice used one.
you are blaming the wrong person. The SELLER took the play swing. Not the realtors! Neither one lied either.
The realtor SHOULD have (and so should you) put it in writing with the OFFER. Not after it was accepted.
Sorry, but you wrong here. Get over it.
If
Nothing you can do...your real estate agent is not going to sit in the backyard for 24 hours to make sure the previous owners left the swing set, and since the agreement was not in writing (it needed to be in the original offer), you have no grounds for a suit against anybody. Some of life's lessons aren't always good lessons.
You asked the wrong realtor. You should have been speaking to the seller's realtor.
We bought a home, we asked our family realtor of 25+ years for a very nice play set that was in the back yard. She called the selling realtor and they said they were happy to leave it. We did the walk through and it was there, we got there the next day and it was GONE! We called our realtor and she basically said to bad. I know this should of been in writing, but after the walk through, and her KNOWING we wanted it WHY would they take it right? This is our first home we ever bought so we didnt know that we had to have that in writing, we trusted her, it was there at the time of the walk through so why would we say anything about it. I also sppoke to her broker and she is on the realtors side as they been friends 25+ years, any advise on what we do besides contact our lawyer? Thanks! p.s. I know now that is has to be in writing so please dont tell me that! I am just asking what else I do or how we can get her since she LIED to sell that house. Thanks!
File a complaint with the state licensing board of realtors.
