Disney Information Station Logo

Go Back   The DIS Discussion Forums - DISboards.com > Disney Trip Planning Forums > Budget Board
Find Hotel Specials & DIScounts
 
facebooktwitterpinterestgoogle plusyoutubeDIS UpdatesDIS email updates
Register Chat FAQ Tickers Search Today's Posts Mark Forums Read





Reply
 
Thread Tools Rate Thread Display Modes
Old 01-03-2013, 05:59 PM   #1
bearloch
DIS Veteran
 
bearloch's Avatar
 
Join Date: Jul 2003
Location: Fl
Posts: 814

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?
__________________
bearloch mad mickey mouse fan!!!!!
WDW 1984

WDW1986
Disneyland 1998
Disneyland 1999
WDW 2003
BAck First time @ Fort 12 /2007

Moved closer to Mickey June 2011:dance
CSR June 2012
bearloch is offline   Reply With Quote
Old 01-03-2013, 06:04 PM   #2
Iott Family
DIS Veteran
 
Iott Family's Avatar
 
Join Date: Aug 2004
Location: Indianapolis
Posts: 1,384

I think I got the gist of what you were trying to say, but your post is very hard to follow.
Iott Family is offline   Reply With Quote
|
The DIS
Register to remove

Join Date: 1997
Location: Orlando, FL
Posts: 1,000,000
Old 01-03-2013, 06:08 PM   #3
bdcp
DIS Veteran
 
bdcp's Avatar
 
Join Date: Nov 2004
Location: Virginia
Posts: 4,384

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.
__________________
Caribbean Beach Resort Nov 89
Shades of Green Nov 98
Shades of Green Nov 05
Shades of Green Nov 08

Shades of Green Oct 11
Shades of Green Nov 13
bdcp is offline   Reply With Quote
Old 01-03-2013, 06:08 PM   #4
sookie
DIS Veteran
 
Join Date: Jun 2010
Posts: 2,333

Quote:
Originally Posted by bearloch View Post
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.
sookie is offline   Reply With Quote
Old 01-03-2013, 06:09 PM   #5
bdcp
DIS Veteran
 
bdcp's Avatar
 
Join Date: Nov 2004
Location: Virginia
Posts: 4,384

Quote:
Originally Posted by sookie View Post
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.
__________________
Caribbean Beach Resort Nov 89
Shades of Green Nov 98
Shades of Green Nov 05
Shades of Green Nov 08

Shades of Green Oct 11
Shades of Green Nov 13
bdcp is offline   Reply With Quote
Old 01-03-2013, 06:35 PM   #6
sookie
DIS Veteran
 
Join Date: Jun 2010
Posts: 2,333

Quote:
Originally Posted by bdcp View Post
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?
sookie is offline   Reply With Quote
Old 01-04-2013, 03:57 PM   #7
ceecee
DIS Veteran
 
ceecee's Avatar
 
Join Date: Apr 2001
Posts: 10,207

Quote:
Originally Posted by bdcp View Post
Sure they do. Obviously not always, but vacation homes in particular, as well as homes in estate sales do.
BUT when you sign the papers EVERYTHING must be listed, ie: washer, dryer, range,etc.
__________________
ceecee is offline   Reply With Quote
Old 01-03-2013, 06:11 PM   #8
zurgswife
WDW is my Shangrala...and I'm going...life is better!!!
 
zurgswife's Avatar
 
Join Date: Jan 2000
Posts: 15,370

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.
__________________
[IMG]

In Honor of Robin Costello I will miss you my dear friend.
zurgswife is offline   Reply With Quote
Old 01-07-2013, 07:37 AM   #9
girli565
A Miami kind of girl
 
girli565's Avatar
 
Join Date: Mar 2007
Location: Miami, FL
Posts: 5,429

If it's not in your contract then they can do whatever they'd like with the furniture. We are currently looking to purchase a house and are very careful what we put in the contract when we make our offer.
girli565 is offline   Reply With Quote
Old 01-03-2013, 06:15 PM   #10
North of Mouse
DIS Veteran
 
North of Mouse's Avatar
 
Join Date: Mar 2011
Posts: 5,742

Quote:
Originally Posted by sookie View Post
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.
North of Mouse is offline   Reply With Quote
Old 01-03-2013, 06:26 PM   #11
bearloch
DIS Veteran
 
bearloch's Avatar
 
Join Date: Jul 2003
Location: Fl
Posts: 814

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!
__________________
bearloch mad mickey mouse fan!!!!!
WDW 1984

WDW1986
Disneyland 1998
Disneyland 1999
WDW 2003
BAck First time @ Fort 12 /2007

Moved closer to Mickey June 2011:dance
CSR June 2012
bearloch is offline   Reply With Quote
Old 01-03-2013, 06:31 PM   #12
zurgswife
WDW is my Shangrala...and I'm going...life is better!!!
 
zurgswife's Avatar
 
Join Date: Jan 2000
Posts: 15,370

Quote:
Originally Posted by bearloch View Post
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.
__________________
[IMG]

In Honor of Robin Costello I will miss you my dear friend.
zurgswife is offline   Reply With Quote
Old 01-03-2013, 06:44 PM   #13
RitaE
DIS Veteran
 
RitaE's Avatar
 
Join Date: May 2008
Posts: 5,073

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.
RitaE is offline   Reply With Quote
Old 01-03-2013, 07:33 PM   #14
SaraJayne
Stop moving those smilies!
 
Join Date: Mar 2009
Posts: 12,075

Quote:
Originally Posted by bearloch View Post
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!
It doesn't matter what the listing said. If the furnishings weren't in the contract (and you signed it), you have no recourse.
SaraJayne is offline   Reply With Quote
Old 01-03-2013, 10:28 PM   #15
TheRustyScupper
Average Banjo Picker and Fairly Good Sailing Master
 
TheRustyScupper's Avatar
 
Join Date: Aug 2000
Location: 15-min from WDW.
Posts: 19,447

Quote:
Originally Posted by SaraJayne View Post
It doesn't matter what the listing said. If the furnishings weren't in the contract (and you signed it), you have no recourse.
1) Yep.
2) The contract is the rule.
3) All that counts is what is in writing.
4) Period.
5) It doesn't matter
. . . what the seller "said"
. . . what the seller "advertised"
. . . what the seller agent "said"
. . . what your agent "said"
7) The seller can always say the furnishings were negotiated out of the deal.
8) If you have a copy of the ad, you might sue your agent.
9) Otherwise, it will be "a lesson learned". *

* It is tough to say it this way, but it is true. We have bought and sold
over twenty houses, and one learns more each time. Sadly, sometimes.
"Experience is simply the name we give our mistakes." (Oscar Wilde)
__________________
[/CENTER]
TheRustyScupper is offline   Reply With Quote
Reply



Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

facebooktwitterpinterestgoogle plusyoutubeDIS Updates
GET OUR DIS UPDATES DELIVERED BY EMAIL



All times are GMT -5. The time now is 04:42 AM.

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

Copyright © 1997-2014, Werner Technologies, LLC. All Rights Reserved.

You Rated this Thread: