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Updated almost 3 years ago, 02/25/2022
Legal advice regarding furniture not in contract
Hi all,
First post and happy to be apart of the community!
My wife and I just closed on our first house! One of the reasons why we wanted this house is because in the list description it indicates the seller "would be willing to leave their furniture". We communicated with the selling agent that we wanted their furniture, as we are moving from out of state. We were told by the selling agent that they would be leaving furniture and she gave us a list of items that would not convey. We also indicated to the selling agent that we would not be taking a credit on the appraisal disparity simply due to the fact that the seller was going to leave a house full of furniture. The selling agent did not communicate that we wanted all of the furniture with the seller and as such, half of the furniture in the house was gone when we arrived. Totaling roughly $7000. The selling agent apologized and indicated it was a misunderstanding - the sellers simply didn't know we wanted the items and therefore got rid of them.
Unfortunately, our agent did not put this into the contract nor did he draft a bill of sale. Upon discussing this with the selling agent and her broker in charge, they indicated that our contact specifically states "Leave whatever furniture that is unwanted or not needed." Therefore we do not have grounds for reimbursement because our contract states to leave furniture that is unwanted.
Obviously this is a huge goof by our agent. These items should have been in the contract or in a bill of sale, but on the other hand - we made it clear to the selling agent that we wanted all the furniture. Wondering what our options here are, if there are any.
Thank you very much for your advice/opinions.