Page 6 - PGA Comminty News - April '24

Page 6, PGA C.A.N.! April 2024 April 2024
Ask The Juris Doctor

By James A. Cioffi J.D., offering which a Buyer may accept or the listing terms before the renovations began but he never communicated
Attorney-At-Law are altered by the provisions in the Contract. his thoughts to his agent. Since the Contract did not
A client of mine had a similar question recently. He include the furniture, the Seller correctly had it removed
And the was not attending the closing so the Buyer’s agent went from the property and acted in accordance with their
agreement. The Buyer finally closed the transaction
to the walk thru on his behalf. She advised him all of the
Winner Seller’s furniture was out of the property and everything without the furniture. The contractual provisions prevail.

We can learn from these experiences by carefully
looked fine. He then reminded the agent that the Multiple
Is??????? Listing Service listing was for a furnished sale. The reviewing a listing agreement when the Contract is being
buyer’s agent told the Buyer that the furniture was in very prepared and be aware of any differences between them
Dear Juris Doctor; poor condition and was not included in the Contract since so we will be sure who the winner is in the event of a
I am excited to complete the Buyer would be renovating the property. The Buyer conflict between them.
the purchase of a condominium unit next week. When I assumed the furniture would remain since it was listed as Sincerely, J.D.
went to the walk-thru all of the Seller’s furniture was still a furnished sale. He thought it would be there for his use
there. My contract has no mention of the furniture because
I have no interest in it. The listing in the Multiple Listing
Service shows the property was offered as furnished. The Reminder From The POA/ARC
Seller told me I am obligated to take the furniture since
it is mentioned in the listing. Is the Seller correct?
Emily in Tequesta POA documents require that play equipment, garage door replacement or any other
Dear Emily; all residents apply for POA and change, you must contact the PGA POA Architectural
In a conflict between the Contract and the Multiple HOA approval prior to making Review Committee for approval. Information and forms
Listing Service listing, the Contract wins. You are not any changes to the exterior are available at www.pga-poa.com under the “Documents
obligated to take the furniture since it was not mentioned of your home, including but & Forms” heading or call 627-2800.
in the Contract. The Seller must remove all the furniture not limited to tree removal or Thank you,
before closing. The Contract is the negotiated agreement planting, new landscaping, painting, roofing, additions Jack Hughes,
between a Seller and Buyer. Those terms are binding on or construction, fencing, hurricane shutters, impact glass, Chairman, POA ARC
both parties. The Multiple Listing Service listing is an

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