real estate promblems!!

Discussion in 'Budget Board' started by bearloch, Jan 3, 2013.

  1. bearloch

    bearloch DIS Veteran

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    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?
     
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  3. Iott Family

    Iott Family DIS Veteran

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

    sookie DIS Veteran

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    Houses don't come furnished in the US.
     
  5. bdcp

    bdcp DIS Veteran

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    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.
     
  6. bdcp

    bdcp DIS Veteran

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

    Handbag Lady Disneyland Bride 2000

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    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.
     
  8. ktlm

    ktlm DIS Veteran

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    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.
     
  9. zurgswife

    zurgswife WDW is my Shangrala...and I'm going...life is bett

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    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.
     
  10. North of Mouse

    North of Mouse DIS Veteran

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    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.
     
  11. bearloch

    bearloch DIS Veteran

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    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!
     
  12. zurgswife

    zurgswife WDW is my Shangrala...and I'm going...life is bett

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

    sookie DIS Veteran

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

    akcire <font color=royalblue>Mouse expert, computer chall

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

    RitaE DIS Veteran

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    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.
     
  16. WebmasterKathy

    WebmasterKathy Administrator Administrator

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    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.
     
  17. TwoMisfits

    TwoMisfits Mouseketeer

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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...
     
  18. bearloch

    bearloch DIS Veteran

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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?
     
  19. SaraJayne

    SaraJayne <font color=red>Stop moving those smilies! <img sr

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    It doesn't matter what the listing said. If the furnishings weren't in the contract (and you signed it), you have no recourse.
     
  20. Doodlebug939

    Doodlebug939 DIS Veteran

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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.
     
  21. clh2

    clh2 <font color=green>I am the Pixie Stick NARC at my

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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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