How is your contract written, specifically, in regards to the personal property?
Was there ever a list made of all the items to have been included, or was it vaguely worded?
Do you have video or photographic records of the rooms before the items were removed?
If items that were clearly specified as staying, in your written and accepted contract, have been removed, your attorney may offer guidance regarding any potential breach of contract on the part of the seller.
I am assuming that it is the seller who removed the items.) Is it possible they were staging items owned by a decorator or stager and not the owner? If so, that could open up a whole 'nother can of worms: the owners are leaving you the items that they own, but the stager/decorator removed their personal property. Could that be the case? If so, this is one heck of a gray area, and why items that are part of contract negotiations should be clearly listed if they are of value to buyer or seller.
If your offer said "all furnishings" and did not specify exact items I am not sure. I would think "all furnishings" means just that and I don't think that they could remove ANY furnishings with that type of an agreement. You might check with your realtor or better yet, with the title company as they both approved your contract and moved you to closing. If you haven't closed I would for sure get it worked out pronto.
Let say you buy a car.
Then you come to drive it home and It has no tires, when it had tires when you test drove it.
someone tells you, All didn't mean the tires, see the list me made after the sale was signed- I mean only 5 lug nuts hold the tires on, a pit crew can take off in less than 2 seconds, much faster than you can get the couch out of the house.
call me stupid, but if they signed "all furnishings"; the contract might just have something to do about
"all Furnishings" just because it has pirma Facie edivence about "all Furnishings".
All is ALL to include All stuff in house, regardless of source - all furnishings includes
3 party stuff.
Work on this for a while: All : "does not mean that everything in the house conveys. "
All says what All Says: ALL!
Would not that enclude - like you know . . . All
Might we need Mr. Clinton here to help up on the Word "all"
Like wouldnt all be like some or none?
Maybe a resonable person expand all to enclude like everything
Like you know!
Sit down with your attorney and review the documentation.
Good luck to you, I hope it resolves itself to your satisfaction.
Unwavering Commitment to Service
If you haven't closed yet (it sounds like you haven't) the real estate professional who is representing you should discuss this situation with the representative for the seller and negotiate a satisfactory compromise for everyone. Hopefully you'll move past this hurdle and close on the house that you've chosen for so many reasons. Best of luck to you!
Darla Schroeder, Realtor, CIPS, GRI, e-PRO