Seller Took Rods and Blinds from House Before Closing, Can He Keep Them

[newbuyer]

My question involves real estate located in the State of Virginia:

Seller took a significant number of rods and blinds before closing. We did not detect it prior to closing.

Now after closing, the seller claims he has not obligation to give it back, and freely admits it in an email that he took it prior to closing.

Is that right? I thought the seller still has to perform as per the contract. And if not I would take him to small claims court.

What would you recommend I do?

Thanks.

[jk]

what did the contract say to window treatments? If it was required to leave them, then yes, they can either return them or if you are willing, pay you for them

did the both of you use real estate agents? If so, see if you can get the two agents to take care of this.

[newbuyer]

yes it clearly stated that fixtures and blinds were to stay.

When consulting with the real estate agents they said that since the contract is closed in their experience the seller has no responsibilities and it was up to us to catch it before closing.

That doesn't make sense to me, because in the contract it clearly states that if there are any issues we can take it to mediation, and then to the courts if we choose.

[jk]

That doesn't make sense to me, because in the contract it clearly states that if there are any issues we can take it to mediation, and then to the courts if we choose.

then you are bound by the contract. Mediation first, then court.

The only thing that keeps me from calling your agent an idiot is the possibility that in your closing paperwork you signed a release of all claims due to your pre-closing inspection. Even based on that, if the seller removed them after your inspection but prior to your possession of the home, it wouldn't have been noticeable to you.

Seller took a significant number of rods and blinds before closing. We did not detect it prior to closing.

Look into the mediation aspect. Depending on what it would cost you, it may or may not be worth making the effort.