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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    Post Sellers Real Estate Agent Failure to Prove Ownership of Security System at Closing

    My question involves personal property located in the State of: Illinois

    I just recently bought a house that was listed as having a security system that was not included and was owned by the "resident manager" who lived at the home. During the inspection of the home, the resident manager requested to drop off some groceries that were just bought (I thought this was a little odd and the manager seemed a little too interested in what the inspector was saying). One week before closing, I was informed that the "resident manager" was the seller's real estate agent and was asked if I wished to buy the security alarm. We agreed on price and method of payment.

    As common here in Illinois, I had legal representation during the whole buying process and my lawyer objected to the alarm system sale on the grounds of proof of ownership of alarm system. I closed on the house with alarm system in the house waiting on the seller's agent to provide ownership proof before sending payment (agent was not at closing but decided to take an out-of-country vacation ).


    Fast forward to 3 months and now apparently the seller's real estate agent is threatening to sue me for "stealing". If no proof can be obtained on the ownership of the alarm system is it safe to conclude I shouldn't pay the agent? I have no issues with paying for the alarm system to the actual owner.

    Thanks in advance!!! Please forgive me if this is in the wrong forum; my lawyer kept on saying "personal property" so I figured this would be the place.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sellers Real Estate Agent Failure to Prove Ownership of Security System at Closin

    If he sues you, you can certainly argue to the court that there is no evidence that he owns or has ever owned the security system. If he did pay for it, he should be producing records to show ownership as part of his prima facie case / case in chief.

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