A new client, Sally Piker, retained our services because she received a Demand Letter from an attorney representing Peter Pepper, who is threatening a lawsuit for failure to provide furniture as outlined in the As-Is Residential Contract. On November 29, 2020, Sally Piker, the Buyer entered into an As-Is Residential Contract to purchase property located at 239 Charger Lane, St. Petersburg, FL 33712. The As-Is Residential Contract outlined that the furniture located in living and dining room included with the sale of the home shall be included in the sale. The real-estate closing took place on December 30, 2021, and the Buyer had an opportunity to conduct a final “walk-through.” A walkthrough is the final milestone before closing where a buyer visually inspects the property to ensure what they are buying is in substantially the same condition as when they first saw it, and checking on the completion of any negotiated repairs or replacements that were agreed upon to be made.At the walk-through, a cherry wood antique bookshelf was located in the hallway between theliving room and dining room. The Buyer particularly remembers because it a rare, authentic bookshelf dated in the late 1800s. When the Buyer took possession of the home, the Buyer immediately realized that the bookshelf was removed from the residence. TheBuyer and Seller contacted their respective realtors. The Seller does not want to part with the bookshelf because it was a family heirloom, and the Seller did not intend to part with it. However, it is iffy about the location of the bookshelf because it was located in the middle of the living room and dining room. Please answer the following questions, a review of Week 6 PowerPoint as well as the Real-Estate Contracts pg. 245-268.
In accordance with the terms mentioned above contained in the As-Is Residential Contract, do you think that the Seller is in Default of the As-Is Residential Contract? If the Seller is in Default, what remedies are the Seller entitled to in a court of law?
In accordance with the terms mentioned above contained in the As-Is Residential Contract, do you think that the Buyer is in Default of the As-Is Residential Contract? If the Buyer is in Default, what remedies are the Buyer entitled to in a court of law?
