real estate promblems!!

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

  1. disneymagicgirl

    disneymagicgirl Been there, Done that, Going back!

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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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  3. JoiseyMom

    JoiseyMom <font color=orange>Have you had your SPANX today??

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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.
     
  4. allison443

    allison443 DIS Veteran

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    But what did the contract say? That's what's more important. :confused3
     
  5. EMAW_KSU

    EMAW_KSU DIS Veteran

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    That is all that matters.
     
  6. YankeePrincess

    YankeePrincess I love Donald Duck

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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?
     
  7. TheRustyScupper

    TheRustyScupper Just once, I want to see a liar's pants on fire.

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    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)
     
  8. Jenny3

    Jenny3 DIS Veteran

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    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.
     
  9. scrapquitler

    scrapquitler DIS Veteran

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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.
     
  10. dawnball

    dawnball <font color=red>bouncie bouncie...<br><font color=

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    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.
     
  11. Jenny3

    Jenny3 DIS Veteran

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    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)
     
  12. dawnball

    dawnball <font color=red>bouncie bouncie...<br><font color=

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    Sorry, that was sloppy phrasing on my part. I really meant "communicate with" more than "pick up a phone", and was glossing over the details of how many parties would be involved.
     
  13. horseshowmom

    horseshowmom DIS Veteran

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    I would certainly at least try this (would probably have the agents meet first though to see if it can be resolved amicably). Honestly, it sounds like somebody is trying to pull something crooked - probably legal, but certainly not ethical. They knew full well that you thought the house came furnished.


    This is probably true. If a meeting doesn't resolve the issue, you may have to contact a lawyer to see what recourse you have (if any). Your agent should have "caught" this, I would think.
     
  14. LilyWDW

    LilyWDW Going to My Happy Place

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    So... you signed the contract and didn't make sure it was listed there BEFORE you signed? Things can change between the listing and the contract. Items can be negotiated. As such, it all comes down to what you AGREED to IN the contract. When you signed, you AGREED to those terms... no others.
     
  15. horseshowmom

    horseshowmom DIS Veteran

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    I'm pretty sure they've figured that out by now. Obviously, the sellers knew that nothing changed between the listing and the purchase. While they can legally do just what they're doing, they're taking advantage of the situation.

    I agree with you. I don't sign anything that I don't read first. I'm guessing the OP hasn't bought many houses (or any) and didn't realize. Their agent should have realized though.

    Sadly, they may be stuck, and it may turn out to be an expensive lesson. I still feel sorry for them though and think they were taken advantage of.
     
  16. Irin997

    Irin997 DIS Veteran

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    I don't know that they were necessarily taken advantage of. The sellers may have thought the OP didn't want the furniture since it wasn't included in the contract and figured they might as well make some money off of it since the buyer didn't want it.
     
  17. prncess674

    prncess674 DIS Veteran

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    Not to beat a dead horse, but it all comes down to the contract as signed. When I purchased my most recent house there was some strange exclusions, but surprisingly the one exclusion that I didn't see was that draperies were excluded. Well there were these beautiful silk lined drapes in the bedroom that I adored, so I added a line in the addendum that said all blinds and drapes should stay. Well lo and behold a few days before closing, the sellers via their agent wanted to take the drapes and while I hated to say "too bad so sad" it was explicit in the contract.

    Furnished to me is a very vague statement and I would have gone over that with a fine tooth comb? Were the original owners still occupying it? I would have walked the house and listed every single piece I was expecting in the sale.
     
  18. seashoreCM

    seashoreCM All around nice guy.

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    Did you specifically engage the broker you are working with to be a buyer's broker? Or did you just work with him after he greeted you in his office or at an open house for the first time?

    Unless you engaged him as a buyer's broker in writing, he really works for the seller. It would have been up to you or an attorney you engaged separately or yet another broker you engaged separately to go through the purchase and sales agreement to see that everything you want included is included.

    And you probably would have needed to make a list of the items to be included with some identification of each piece, such as make, model, color, etc. Otherwise, just "furnished" in the P&SA could mean completely different, probably cheaper, furniture brought in.
     
  19. ceecee

    ceecee DIS Veteran

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    BUT when you sign the papers EVERYTHING must be listed, ie: washer, dryer, range,etc.
     
  20. Belle0101

    Belle0101 Nothing to see here.

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    :thumbsup2

    As an example, when our neighbors sold their home the contract listed the appliances that were included (i.e., fridge, stove/oven, dishwasher). What wasn't listed was a specific description of the appliances.

    The morning of closing, but before the final walk through, the sellers moved out the original fridge. A really nice high end one. They moved in what we would call a garage fridge - a plain, older model that sits in the garage and stores extra soda, beer, any surplus from the kitchen fridge.

    Once we got to know the buyers they brought it up, and some other things about the house they didn't know about. While they were upset, and it was pretty sneaky of the sellers, they didn't have any recourse. Technically a fridge was in the house.

    Anymore you do have to be quite specific. You never know when someone will be sneaky. Or, when there just might be a simple misunderstanding between parties. If everything is fully spelled out you can avoid trouble, or most trouble, down the road.
     
  21. PrincessDadx2

    PrincessDadx2 Openly has the hots for Wuv Tigger

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    You can't assume that. Lots of people don't want other peoples stuff. They did not ask for it in the contract, even though it was offered, so why is it unethical to sell it?

    If there is an issue here it is that the buyers agent does not know what they are doing and/or made a major error. I would claim their bond/insurance if I thought it was material.

    I have had situations where we contracted for the house to be "empty and broom swept" and had to have people clean their left behind junk out before we could close. If I wanted your stuff I would have contracted for it.
     

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