Home Buying in Naples>Question Details

corbinsulliv…, Home Seller in Naples, FL

When a offer to purchase states "furnished" "excluding accessories" does that mean the area rugs and lamps are excluded?

Asked by corbinsullivan, Naples, FL Fri Aug 15, 2014

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Hi Corbin,
I highly suggest having an inventory list so there are no discrepancies and you are sure of exactly what will be included with a property and its furnishings.

Please feel free to reach out to me via email ryan@napleshomes.com, via cell 239.244.1559, or via my website http://www.napleshomes.com if you have any additional questions.

Please use my website http://www.napleshomes.com as a resource during your real estate search. It has the latest listings, pictures, blogs, detailed community summaries, and much more.

Sincerely,
Ryan
http://www.napleshomes.com
Web Reference: http://www.napleshomes.com
0 votes Thank Flag Link Wed Aug 20, 2014
Looks like you've had your question answered, but I wanted to clarify a few points.

First, in Naples, most agents will use a NABOR contract and the NABOR contract has very specific provisions regarding the personal property that is to be transferred upon sale. As pointed out, best practices even when a unit as described as "furnished", is to attach an "Inventory" of everything that is going to be transferred at the time of the sale to avoid any last minute disputes. Make sure you review and read your contract with your realtor very closely and ask questions about what it means!

Second, its important to make a distinction between a "fixture" and personal property. A good rule of thumb for determining if something is a fixture is if you turned the house upside down, and the item remained attached, its considered a fixture. If not, its personal property. There are exceptions (as always) but under your example, those items would not stay attached, therefore are personal property.

Best practices is never leave anything open to interpretation (ie, what constitutes "furnished") and make sure you work with a realtor that will protect your interests.

Disclosure: I am a licensed Realtor in the State of Florida and a licensed attorney. This information is provided solely in my capacity as a licensed Realtor in the State of Florida and is not intended to give legal advice and should be not relied upon as legal advice.
0 votes Thank Flag Link Wed Aug 20, 2014
The contract to purchase should never be so vague, there should be an addendum that includes an itemized list of everything that is to convey with the real property sale.
0 votes Thank Flag Link Sun Aug 17, 2014
Agree with what has been stated here........ A list signed by both parties of items that do not convey would clear that muddy water. We are in an area where the majority of property is sold furnished less personal items. I ask for a document up front of what "personal items" do not convey.
0 votes Thank Flag Link Fri Aug 15, 2014
You need to work with an experienced agent who will know how to protect what you want in the deal. This issue is easy to take care of in the contract
0 votes Thank Flag Link Fri Aug 15, 2014
"Furnished" and "accessories" are too broad. You need a specific list of items included in the sale to be part of your contract - otherwise there will be a problem. Talk to your agent and create an addendum to be signed by the seller that specifically spells out what is included and what excluded from the sale.
Good Luck!
0 votes Thank Flag Link Fri Aug 15, 2014
Everything staying must be listed in the contract. Anything not listed in a contract you would have a hard time having any legal ground to stand on if you expected it to be included. Their is an old saying and it's true in any kind of legal matter regardless of civil or criminal "if it's not on paper it never happened". Very true statement and I've seen it work throughout courts in both divisions.
0 votes Thank Flag Link Fri Aug 15, 2014
If you choose to proceed you would be well advised to obtain a inventory of EXACTLY what is included.
The professionals involved should be very aware of the consequences of failing to list EVERY item.

Ask for the list.

If they say 'EVERYTHING YOU SEE' and don't provide a list, you may and should create your own list to assure what you see IS what you get.
0 votes Thank Flag Link Fri Aug 15, 2014
Clearly defining and a "meeting of the minds" understanding of the words "furnished" and "accessories" is critical! To avoid confusion, the short list (either those included or excluded) should be expressed (written) as an Addendum to the sale.

Your agent should be adept at making these clarifications and determining whether or not to include personal property in the purchase contract or separately on a "bill of sale."

Best of luck to you!
0 votes Thank Flag Link Fri Aug 15, 2014
Hello Corbin,

I think it would mean excluding decorative knick knacks. However, since you interpret that differently than I do and I am not aware of an industry standard on what "accessories" are, I think it would be important for your agent to get you a list of what accessories will not be included, or at least a good idea of what they meant by accessories. The listing agent should easily be able to tell you or your agent what they meant.

Good luck!

Best,

Nicole van Winden
Vicki Blaser
Two Tucson Natives
Tierra Antigua Realty
http://www.TwoTucsonNatives.com
0 votes Thank Flag Link Fri Aug 15, 2014
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