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Old 01-03-2013, 08:07 PM   #16
TwoMisfits
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You likely have a lawsuit against your own agent. I would suggest she offer up half her fee to you to replace the furniture loss...
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Old 01-03-2013, 08:09 PM   #17
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The realtor should have an error and omissions insurance policy.

What would this do??? I am gonna call him tomorrow!
would it cover the cost of the furniture?
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Old 01-03-2013, 08:33 PM   #18
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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.
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Old 01-03-2013, 08:35 PM   #19
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I would get a meeting with the agent and his/her Broker/Owner to try to resolve the issue. The Broker might be able to come up with some ideas like a reduction in commission. I would also let them know that you feel that the realtor was negligent and that the board of realtors would be notified and a complaint filed if things are not corrected to your satisfaction. Unfortunately the realtor is the expert and wrote it up but you signed it which makes it partially your error too. Sorry this happened to you.
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Old 01-03-2013, 09:40 PM   #20
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What a mess.

I would also look towards having an attorney review this too.

Please keep us posted.
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Old 01-03-2013, 10:28 PM   #21
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Did you not leave yourself a way out in the contract...such as a contingency regarding the results of the inspection so you could back out?
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Old 01-03-2013, 10:30 PM   #22
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When we bought our house, the listing said fridge was included. When we did walk through, it wasn't there. Now this was not the nice fridge, but the one in the basement. We called our realtor, and told her it was in the listing, so she called the other realtor, and they (sellers of house) had to go buy it back from who they sold it to.
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Old 01-03-2013, 10:45 PM   #23
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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!
But what did the contract say? That's what's more important.
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Old 01-03-2013, 10:48 PM   #24
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But what did the contract say? That's what's more important.
That is all that matters.
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Old 01-03-2013, 11:02 PM   #25
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If the contract didn't say the furniture was included, then are out of luck. Did you read the contract before signing?
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Old 01-03-2013, 11:28 PM   #26
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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)
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Old 01-03-2013, 11:38 PM   #27
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Quote:
Originally Posted by TheRustyScupper View Post
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)
Correct. I'm a realtor and everything goes back to the signed contract.

Do you have your own agent or are you using the listing agent? If you have your own buyer's agent, this is his error. If it is not in the contract, you should have insisted it be written in there (tough lesson to learn, unfortunately)

If you are using the listing agent to represent you, you may have a case as the agent was not looking out for your best interests as a disclosed dual agent.
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Old 01-04-2013, 01:13 AM   #28
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We bought a furnished vacation home. The contract stated that the house is being sold furnished, and it specifically said something like "all contents EXCEPT family photos, clothing items and lawn mower". If your contract doesn't specify that the furniture IS included, then it isn't and you are out of luck.
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Old 01-04-2013, 10:16 AM   #29
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Quote:
Originally Posted by bearloch View Post
anyh ideas where to go?
Have your agent call up the seller. Say "So I goofed, and the buyer was hoping to have the furnishings. I know that you already arranged for someone to comes sell it, but what would it take to have you just leave it all?"

That should give you a better idea where you stand.
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Old 01-04-2013, 10:34 AM   #30
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Quote:
Originally Posted by dawnball View Post
Have your agent call up the seller. Say "So I goofed, and the buyer was hoping to have the furnishings. I know that you already arranged for someone to comes sell it, but what would it take to have you just leave it all?"

That should give you a better idea where you stand.
I disagree with this; your agent can call the seller's agent but should not contact the seller themselves. (unless it's the same agent? Don't think that question has been answered yet)
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