bought furnished home-stuff gone!

[jmurphy976]

State of North Carolina. I bought a home at the beach. It was a rental property and was listed for sale as furnished. When the contract was written up, it was stipulated that some wicker furniture was not conveying. That was understood. Then, after the contract was signed and agreed to, the owners wanted to add some other items to the "we want to take it with us" list. The items were of no great importance to me, so I agreed. During the visits to the property, I took approximately 100 digital photos of the house, inside and out. When I did the walk through, prior to the closing, it was pointed out to my real estate agent that some rugs were missing. When I got back home (200 miles away) and looked at the walk through photos and compared them to the original photos, it seems there are quite a few things that were loaded up and taken. Isn't this a breach of contract? What legal grounds do I have to seek damages, other than asking for the furnishings back? I can't possibly determine all that was taken, but I do have some idea of a few things that were obvious.
Thanks for your help...this is a great site!

 

[HomeGuru]

What kind of incompetent real estate agent do you have? Whenever a contract is written up to include non-fixtures such as furnishings, there should be an attached written inventory of all the items. The contract should state, attached inventory list is included as Exhibit A and made a part of this contract.

INVENTORY LIST
for 1234 Maine Place.
5/25/01

Entry
1. picture of Madonna
2.
3.

Living Room
1. 2 wicker chairs
2. wicker end table
3. brown/red tapestry rug


Then, a walk-through is completed and each item on the list is inspected and accounted for.
After closing, the items are verified again against the list.

 

[jmurphy976]

HomeGuru...I now realize the agent we had representing our interests is somewhat incompetent, but that does nothing for me now. I need to know if its worth filing a suit against the previous owners to get out stuff back. To date, I havent gotten a reply back from the listing agent. It appears she is ignoring me, hoping this is going to disappear, like the furnishings in the house did! NOT GONNA HAPPEN!
Get a lawyer? Let it ride?

 

[LegalBeagle]

You need to be able to compare a list to a list. The list of items staying with the list currently at the property.

For litigation to be cost effective, you need to see a substaintial loss. Otherwise swallow the pill as experience and learn from it.