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-   -   real estate promblems!! (http://www.disboards.com/showthread.php?t=3040971)

bearloch 01-03-2013 05:59 PM

real estate promblems!!
 
k here is the short story!!

House for sale stated it came furnished!! which is part of reason house was wanted as it is a little on the high end of are budget! we put in offer was accepted!! we did inspections, etc all set to wait for closing we get a call from are agent sellers are having a estate sale in house in mid Jan we "what" house was to come with everything in it!!! agent! yeah thats what I thought let me see whats up( this was last week) today well in the contract we signed there was no oter mention of furniture so they are selling it Me.. NO they cant.. agent maybe u should get a lawyer.. me can I get out of deal... NOPE so I called a lawyer at 300 per hr she could advise us and go to court etc!! not sure what to do!!! the furniture in the house it not wonderfull its just that its all there and in good shape and ready to be used!!!!! we have nothing for the house and to buy used is what we would do its the delivery costs that add up and I am injured cant do it at all myself that was way I wanted the stuff in house!!!



thanks for letting me vent!! anyh ideas where to go?

Iott Family 01-03-2013 06:04 PM

I think I got the gist of what you were trying to say, but your post is very hard to follow.

sookie 01-03-2013 06:08 PM

Quote:

Originally Posted by bearloch (Post 47072132)
k here is the short story!!

House for sale stated it came furnished!! which is part of reason house was wanted as it is a little on the high end of are budget! we put in offer was accepted!! we did inspections, etc all set to wait for closing we get a call from are agent sellers are having a estate sale in house in mid Jan we "what" house was to come with everything in it!!! agent! yeah thats what I thought let me see whats up( this was last week) today well in the contract we signed there was no oter mention of furniture so they are selling it Me.. NO they cant.. agent maybe u should get a lawyer.. me can I get out of deal... NOPE so I called a lawyer at 300 per hr she could advise us and go to court etc!! not sure what to do!!! the furniture in the house it not wonderfull its just that its all there and in good shape and ready to be used!!!!! we have nothing for the house and to buy used is what we would do its the delivery costs that add up and I am injured cant do it at all myself that was way I wanted the stuff in house!!!



thanks for letting me vent!! anyh ideas where to go?

Houses don't come furnished in the US.

bdcp 01-03-2013 06:08 PM

As your agent suggested, a lawyer is pretty much your only option. You need to decide if you want to pursue it. But, both you and your agent should have caught the lack of it in the contract. Buyer beware, especially in real estate.

bdcp 01-03-2013 06:09 PM

Quote:

Originally Posted by sookie (Post 47072246)
Houses don't come furnished in the US.

Sure they do. Obviously not always, but vacation homes in particular, as well as homes in estate sales do.

Handbag Lady 01-03-2013 06:10 PM

Quote:

Originally Posted by bearloch (Post 47072132)
k here is the short story!!

House for sale stated it came furnished!! which is part of reason house was wanted as it is a little on the high end of are budget! we put in offer was accepted!! we did inspections, etc all set to wait for closing we get a call from are agent sellers are having a estate sale in house in mid Jan we "what" house was to come with everything in it!!! agent! yeah thats what I thought let me see whats up( this was last week) today well in the contract we signed there was no oter mention of furniture so they are selling it Me.. NO they cant.. agent maybe u should get a lawyer.. me can I get out of deal... NOPE so I called a lawyer at 300 per hr she could advise us and go to court etc!! not sure what to do!!! the furniture in the house it not wonderfull its just that its all there and in good shape and ready to be used!!!!! we have nothing for the house and to buy used is what we would do its the delivery costs that add up and I am injured cant do it at all myself that was way I wanted the stuff in house!!!



thanks for letting me vent!! anyh ideas where to go?




When you signed the papers, you didn't notice that it didn't say "furnished" any place? Did it say unfurnished?

Do you still have the original listing that says it was furnished? That would be the only thing you could stand on, but if you agreed to buy a house unfurnished, you're rather stuck.

ktlm 01-03-2013 06:10 PM

Do you have a copy of the listing where it says the house is being sold furnished? Is the agent your agent or the seller's agent? Is there any documentation at all regarding the house being furnished even if it is not listed on the contract? Was your offer made in writing and did it state it was for the house and furniture? I don't know what the law is where you are, but if the agent was your agent, I think I would have questions regarding whether she is at fault for not properly drafting or monitoring the sales agreement when she knew the furniture was supposed to be part of the deal. You might try calling a different lawyer.

zurgswife 01-03-2013 06:11 PM

I'm not sure what you can do if the contract says nothing about furniture. I would find the papers that you say state furniture included and the contract bring to the lawyer ASAP and find out if there is anything you can do. Otherwise it sounds like you were taken.

North of Mouse 01-03-2013 06:15 PM

Quote:

Originally Posted by sookie (Post 47072246)
Houses don't come furnished in the US.

People can, and do, sell houses furnished. We have friends that have done it - were moving where it would have been too expensive to take furniture, so all of it plus appliances went with the house.

OP, the problem may be that you didn't get it in *writing*. Just words from the seller or realtor aren't worth anything - it *must* be in the contract. Hope they will be honest enough to work something out with you, but a lawyer cannot help you if you have no proof in writing.

bearloch 01-03-2013 06:26 PM

Sorry yes it is listed in the listing 2 seperate times that the house comes furnished!! and I looked it up on several times and found it stated furnished in all the listings and the open house flyer!

zurgswife 01-03-2013 06:31 PM

Quote:

Originally Posted by bearloch (Post 47072428)
Sorry yes it is listed in the listing 2 seperate times that the house comes furnished!! and I looked it up on several times and found it stated furnished in all the listings and the open house flyer!

I would take that information and the sales contract to the lawyer ASAP. Once the furniture is sold your really out of luck.

sookie 01-03-2013 06:35 PM

Quote:

Originally Posted by bdcp (Post 47072256)
Sure they do. Obviously not always, but vacation homes in particular, as well as homes in estate sales do.

My bad. In my part of the US it is unusual. OP do you mean the appliances? Or do you mean all the furniture?

akcire 01-03-2013 06:38 PM

Sounds like your realtor screwed up. It should have been I the contract. The realtor should have an error and omissions insurance policy.

RitaE 01-03-2013 06:44 PM

When your agent wrote the offer, he/she should have included the furniture in the Inclusions. If he/she neglected to do that and you failed to notice and you signed it, then of Bid Offer you extended and the Price Offer the sellers accepted did not include the furniture because the furniture is not considered a standard part of the house.

The sellers are not at fault here if the Sales Contract doesn't state that the transaction includes the house plus the furnishings, to matter what the listings state.

You can certainly consult a lawyer because internet advice doesn't mean much, but one of the first things taught in any business law class is real estate transactions must include written contracts and the written contract governs.

WebmasterKathy 01-03-2013 06:59 PM

Sounds like your real estate agent is the one who dropped the ball here. She should have written/reviewed the contract to be sure it included EVERYTHING you expected it to. That's what you have an agent for!

If the contract did not include the furniture, I don't think it makes any difference what the listing said.


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