Landlord Reneges on Buying Kitchen

21 posts in this topic

Hello everyone,

 

Ive been put in an uncomfortable situation. When I gave my 3 month notice to vacate my flat, I spoke to the landlord about taking our kitchen which is in excellent condition. They liked it and said they would. We negotiated a price and came to an agreement. No paperwork was signed. Based on this, we went and purchased a kitchen for our new home. Now 5 weeks before the notice period is over, he writes me that the new tenant would like to bring their own kitchen and hence he wants to apologize for not fulfilling the commitment. He has been advertising the apartment with a fitted kitchen publicly too.

 

Do I have any grounds for making something of this? What can you advise me? Its so unethical and unprofessional that I have never come across this anywhere I have lived before.

 

Thank you in advance,

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A verbal contract is legally binding in a case like this. However, the burden of proof is on you that he really had entered into a contract. I´d try to write to him something along the lines of "sorry, but we had a binding contract..." hoping that he answers something like "I changed my mind" which could be regarded  a confession of that he indeed had entered into a contract with you. I´m not a lawyer though and it might not work anyway but That´s what I´d try.

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2 hours ago, GlobeTrotterBoy said:

@jeba he has advertised the kitchen as part of the apartment at the real estate. Does that count?

 

Where would I take this up anyway?

 

You start by taking it up with the landlord. Do you have screenshots of his ad?  If you do that's good evidence. If you don't, just write that you had a verbal contract and that you have seen he had advertised the apartment with a fitted kitchen. If he still won't buy it, it's up to you if you try to take it to court or try to cut your losses and sell your kitchen to somebody else.

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Yes, Ive taken a screenshot of his ad. Ive written to him in good faith telling him his commitment caused us to buy another kitchen and asked him to reconsider as Im sure other prospective tenants would happily accept a fitted kitchen.

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19 hours ago, GlobeTrotterBoy said:

he writes me that the new tenant would like to bring their own kitchen and hence he wants to apologize for not fulfilling the commitment.

 

There's the proof he broke the verbal agreement. You have it in writing.

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Situation ongoing. Ive told him I consider us to have a binding agreement and his decision led me to buy a new kitchen for my new place. He's gone silent.

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2 minutes ago, GlobeTrotterBoy said:

Situation ongoing. Ive told him I consider us to have a binding agreement and his decision led me to buy a new kitchen for my new place. He's gone silent.

He is hoping you will go away, or you will fear the cost of a lawyer.

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How does it work with a lawyer here? Does the loser of the case pay all the expenses? or do each of us handle their own expenses? I mean ultimately I have both the truth and some evidence in my favor and as long as our agreement is binding and his emails/and advertising suffices then i feel confident. My wife seems to think one has the opportunity to change their mind in a sale but I disagree.

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Why not advertise the kitchen here?

 

There maybe someone looking for a bargain... 

 

Not only that.. as soon as you mentioned "legally binding" to him, he translated that as "Woo hoo... I wont be giving him any deposit back!"

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Can he "not" give a deposit back?

 

Ive kept the apartment in good condition and will clean it prior to returning it. If he wants to act unethically then thats his call.

 

I wouldve take this kitchen with me to my new house - and a few weeks before I depart I'd have to run around looking to sell it desperately?

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What running around?

 

Walk to the kitchen... emphasis on walk... Take photos...

 

Go back to computer and advertise on Ebay, Bookoo, Facebook and TT...

 

No running involved

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I've no idea about the legalities though the whole hassle factor would be high. Your wife may be right.  I agree with other posts...just sell the kitchen elsewhere. Also try eBay Kleinanzeigen. If you are sensible about the price and prepared to negotiate, you should be able to sell quickly.

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9 hours ago, GlobeTrotterBoy said:

He's gone silent.

I´d simply give him a call pointing out that I´ll leave the kitchen and insist on that he fulfills his part of the deal. If he were to dig in his heels that would just mean he will incur legal costs plus the cost of dismantling and storing your kitchen. If I was your landlord it would seem to me like the lesser evil sticking to my commitment.

 

9 hours ago, GlobeTrotterBoy said:

How does it work with a lawyer here? Does the loser of the case pay all the expenses?

Yes, but in civil law cases it often boils down to some sort of compromise so that there is no clear winner/loser. And your evidence may not be 100& convincing. He might e. g. claim that he merely understood you gave him the option of buying the kitchen but that he hadn´t entered into an obligation to accept it. That could explain why he offered the apartement with a kitchen fitted. The adage applies that in court and on high seas you´re in the hands of god. That´s why many Germans take out legal cost insurance.

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Or it goes to mediation and nobody walks away happy.  Cost of kitchen eaten up by legal fees and everybody ends up poor.

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3 hours ago, jeba said:

He might e. g. claim that he merely understood you gave him the option of buying the kitchen but that he hadn´t entered into an obligation to accept it.

 

He has proof in writing that it was an accepted agreement.

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4 hours ago, fraufruit said:

 

He has proof in writing that it was an accepted agreement.

Does he? That wasn´t 100 % clear to me just from

 

On 8/15/2019, 5:50:19, GlobeTrotterBoy said:

he wants to apologize for not fulfilling the commitment.

 I wasn´t sure about this. Did he write it like that in English or is this just Globetrotter´s translation?

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Does anyone know what would happen to the kitchen and apartment in case this goes to court? Technically the kitchen would remain in the apartment unless they unilaterally rip it out etc... 

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dude come on - stop it.  Would you just join the mieterverein already?  

 

and why would you want to drag the new tenants, who have NOTHING to do with your dispute with your landlord, through this shit by making them deal with your freaking kitchen while you dick around with this?

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