disneymagicgirl
Been there, Done that, Going back!
- Joined
- Dec 13, 2005
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?
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.
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)
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.
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)
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.
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.
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!
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.
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.
Sure they do. Obviously not always, but vacation homes in particular, as well as homes in estate sales do.
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.
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.