real estate promblems!!

[bearloch]

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]

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

[bdcp]

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.

[sookie]

Originally Posted by bearloch

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]

Originally Posted by sookie

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.

[sookie]

Originally Posted by bdcp

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?

[ceecee]

Originally Posted by bdcp

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.

[zurgswife]

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.

[girli565]

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.

[North of Mouse]

Originally Posted by sookie

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]

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]

Originally Posted by bearloch

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.

[RitaE]

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.

[SaraJayne]

Originally Posted by bearloch

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.

[TheRustyScupper]

Originally Posted by SaraJayne

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)