Home Buying in Holly Hill>Question Details

Bonnie, Home Buyer in Daytona Beach Shores,...

if a house is advertised , newly remodeled an professionally decorated, an a offer was made and accepted including all furnishings .

Asked by Bonnie, Daytona Beach Shores, FL Thu Sep 23, 2010

inspection paid and completed , then find out a whole 2 page list of items removed from property, is that allowed to happen

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What does your agent and/or attorney say?
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.
3 votes Thank Flag Link Thu Sep 23, 2010
I'm sorry that happened to you.
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.
Web Reference: http://homeloandiva.com
2 votes Thank Flag Link Thu Sep 23, 2010
Bonnie, that inspection has pictures, and those pictures would take a Picture of "ALL"

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".
1 vote Thank Flag Link Fri Sep 24, 2010
What was in the contract? Did you sign the 2 pages? Yeah the others are right in talking to your agent. She/He can talk to the other agent and sort this out.
1 vote Thank Flag Link Fri Sep 24, 2010
and just what about stuff in the home would not be encluded?

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!
1 vote Thank Flag Link Fri Sep 24, 2010
Working on what is vague about "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!
1 vote Thank Flag Link Fri Sep 24, 2010
Hi Bonnie, you refer to a "whole 2 page list of items" - if this was to be included in the sale, and the contract confirmed that (your contract should reference the MLS inclusion and inclusions), then you've got a valid case. But as the prior poster states, professionally decorated, does not mean that everything in the house conveys.

Sit down with your attorney and review the documentation.

Good luck to you, I hope it resolves itself to your satisfaction.
Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
1 vote Thank Flag Link Fri Sep 24, 2010
Hi Bonnie. The terms "remodeled and professionally decorated" can refer to the real property (which includes all real estate plus the legal bundle of rights that go with ownership of real estate). Personal property can become real property by "attachment". The remodeling and professional decoration could refer to updated flooring, windows, kitchen and/or bath counters, fixtures, and paint, all of which become attached to real property and automatically go with the property unless specifically excluded by the seller. All personal property that is not "attached" to be included in the sale should be identified in the contract for sale, or the seller is entitled to remove the property. If there are many items requested by the buyer, it is best to make a list or inventory of the items that are to stay and have the inventory signed by all parties as part of the contract process. The words "all furnishings" is pretty vague and leaves the door open for many different interpretations. When my sellers want to advertise the sale of their home as "furnished" I ask them to complete an inventory of the items they intend to include in the sale.
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
1 vote Thank Flag Link Fri Sep 24, 2010
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