[s_cianci]

My wife and I have just sold our home and have an offer pending to buy a new house (our offer was contingent upon us selling our current home, which we have done.) We offered the sellers their full asking price and have signed contracts. Our intention was to complete settlement on both transactions simultaneously on Feb. 1 and move right from our current home into the new house. We have been approved for a mortgage in an amount sufficient to complete the purchase at the agreed-upon price. Now, part of our decision to purchase this particular house was based on their realtor telling our realtor that the furniture would be included in the sale of the house and the contract which has been signed by both parties clearly states "furniture." However, we have sinced learned that the sellers now do not want to leave the furniture in the house and are trying to have the contract declared null and void. We consider this to be a breach of contract and will be consulting with an attorney. My question is, is it likely that, if we take legal action, we'll be able to compel the sellers to include the furniture as implied in the original contract? If this evolves into a court battle and settlement is delayed as a result will we be entitled to compensation for the added expense and inconveinience (such as possibly having to rent a place temporarily, pay to store our personal belongings, legal fees, etc. ) I'd like to get some thoughts on this before speaking with my attorney. Thanks.

[CaptainForest]

Ok, so what the sellers are trying to do is to declare the contract null and void. That is what you said.

What that means is they are trying to find a legal loop hole and to say that you never LEGALLY had a contract.

Let me give you an example. Let’s say you had an oral agreement that they would sell the house to you. That is considered a voidabale agreement. Since the law says that any deals involving land or a house must be in writing. Now, there are a whole other points, (13 I think) that they can try which your lawyer can go into.

If they can void the contract on one of those grounds, you are in tough waters and you have to go find some other house. Or re-buy the house from them.

Assuming there are no voidable clauses and you do in fact have a contract……
On Feb 1, move into the house, pay them most of the money.

Can you force them to give you the furniture? NO

However, you then have the right to go out and buy replacement furniture and then they are expected to reimburse you for that furniture. Your lawyer will probably just tell you to write them a check for the agreed upon house price minus the replacement cost of furniture.

[LisaB4657]

I agree with CaptainForest's response, with the exception that you would not be entitled to be reimbursed for the cost of replacing the furniture. Instead you would be entitled to pay the purchase price, reduced by an amount equal to the current value of the existing furniture. This is something that is very difficult to determine. In this type of situation the most common result is for the parties to agree upon a credit amount for the value of the furniture rather than trying to obtain appraisals. Think about an amount that you would pay for that specific furniture if you were buying it used. Another way to look at it would be to figure out how much you would have offered for the house if it did not include the furniture. Arrive at a credit figure and then increase it a bit to allow for them to negotiate it.

[mr.yet]

I agree with lisab4657, if both parties have signed the contract, there is a contract. Both parties will have to agree to change the contract, if you don't agree, than work on a what it takes to settle the diffence in equity involved in the cost to replace the furniture. Remorse after the fact is not a valid reason to void a contract.

[excon]

Hello s:

You say they are "trying" to have the contract declared null. How are they doing that? Did they send you a letter? Did they just talk to their realtor? Do they have an attorney? How bad do you want this house?

Until they actually do break the contract however, it is in force, and I would act accordingly. Further, I would write a letter to the seller, sent certified, return receipt requested, informing them that you intend to hold them to the contract, and that if there isn't any furniture in the house when you take possession, you'll sue.

Most contingencies in real estate contracts give the BUYER lot's of outs, but the SELLER has few. What are the legal reasons they want to declare the agreement null? Just wanting to void it, isn't enough.

However, all that may or may not come out in the wash. And the wash isn't going to be laundered until long after your closing date. Therefore, you need to know what they are going to do, and you need to know now.

In answer to your question, if these people think that they can simply change their minds, then I doubt that any amount of reasoning with them will do any good. So no, I don't think you can compel them to leave the furniture.

Maybe they'll understand threats (legal threats), and I would threaten them very loudly in my letter.

excon

[Fr_Chuck]

But what does the actual contract say, you said"thier realitor told your realitor" but what did it actually say in the written contract.

The written contract overrules and will exclude any verbal agreements.
I am sure that the written contract will even say that, that any oral agreements are null and only the written agreement is binding.

So if the written contract does not say furniture included and actually list which furniture odds are you can not make them imclude any furniture.

You may be able to break the contract for other reasons, but may loose the retainer you paid on the contract.

And unless the contract actually says furniture, they don't have to leave it and don't even have to void the contract merely follow it.

[CaptainForest]

and the contract which has been signed by both parties clearly states "furniture."

Fr Chuck, it sounds

And the contract which has been signed by both parties clearly states "furniture."

Thanks.[/QUOTE]

[CaptainForest]

and the contract which has been signed by both parties clearly states "furniture."

Fr Chuck, it sounds like the contract itself has the word furniture in it.

[s_cianci]

Thanks all for your responses. The contract does clearly state "furniture." Because of this, I don't understand why we can't force them to give us the furniture, which a couple of you have suggested is the case. We are certainly willing to consider a reduced purchase price in exchange for not having the furniture. However, our realtor, for some reason, doesn't seem to want to help us negotiate that possibility. I think I may try to write a letter directly to the sellers as excon suggested and have my attorney write one as well. The reason I have to say "try" is because the sellers are not living in the house in question ; they have a different residence and I don't know the address. I could send it to them in care of their realtor but of course that doesn't guarantee that they'd ever see it. Our realtor claims that they are taught in real estate school to never allow sellers and buyers to have any contact with each other. That doesn't make a whole lot of sense to me as I can't see how it'd be unethical or illegal to allow buyers and seller to talk to each other. After all, what about when people sell real estate on their own without the services of a realtor?

[excon]

Hello S:

You certainly should be able to enforce your contract, but the problem is there are no enforcers, except maybe the escrow company, and they can't force anybody to do anything. All they'll do is not close the sale because the contract hasn't been fulfilled.

The only enforcers available to you are the courts and you can't go to them until after a dirty deed has been done to you.

Send your letter c/o the realtor. Additionally, I would consult with a real estate attorney. This is a large purchase, and you don't want to get screwed. Certainly, if the sale was proceeding smoothly, then you wouldn't need an attorney, but this one isn't.

excon

[CaptainForest]

Our realtor claims that they are taught in real estate school to never allow sellers and buyers to have any contact with each other.

lol. That's funny.

And your realtor is feeding you a bunch of b-s.

There is nothing wrong with sellers and buyers interacting with each other.

Although the only real time to keep them separate is at open house showings. But not when you are proceeding with an actual offer/contract as is your case.

As for why you can't keep the furniture. If you physically get your hands on it, you can keep it. However, if they remove it, then you have to sue them. The Judge will order the property returned to you, but if they refuse, then the Judge will order them to pay you the replacement (fair value) cost of the item (furniture).

[Lotta]

How much would you consider the 'furniture' to be worth?

If the contract just states furniture then that is to vague. It should describe each piece of furniture that is included in the sale. Does the contract state that the house is fully furnished for the sale. Do you have photos of the house as it was listed? Are you able to see the furniture in the photos? Save the photos (from the listers website) if the furniture is included. Did the listing indicate that the furniture may be included in the sale of the house? The sellers could say that there was only a sofa that was included but you may be under the impression that all the furniture that you saw in the house during your walk through was included.