If a seller takes the kitchen appliances after agreeing to include them in the sales contract, what recourse does the buyer have?

When a seller agrees to include specific items, such as kitchen appliances, in the sales contract and then takes them anyway, it constitutes a breach of contract. In this situation, the buyer has a legitimate claim to enforce the terms of the agreement that was made.

Suing for specific performance is a legal remedy that compels the seller to fulfill the terms of the contract by providing the agreed-upon appliances. This remedy is particularly applicable in real estate transactions because the uniqueness of property and accompanying fixtures (like appliances) makes a monetary damage award insufficient. In essence, since the items were part of the sales agreement, the seller is legally obligated to deliver them as agreed.

This approach highlights the principle that the court can enforce the contract by requiring the seller to complete their obligations rather than simply providing financial compensation to the buyer. This remedy is beneficial for buyers who desire the specific items that were part of the deal, reflecting the full intention of the original contract.