Page 2 - PGA Community News - April '25

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April 2025
Ask The Juris Doctor

James A. Cioffi J.D., Attorney- obligated to take the furniture since it was not mentioned the renovations began but he never communicated his
At-Law in the Contract. The Seller must remove all the furniture thoughts to his agent. Since the Contract did not include
before closing. The Contract is the negotiated agreement the furniture, the Seller correctly had it removed from the
And The Winner between a Seller and Buyer. Those terms are binding on property and acted in accordance with their agreement.
Is??????? both parties. The Multiple Listing Service listing is an The Buyer finally closed the transaction without the
offering which a Buyer may accept or the listing terms furniture. The contractual provisions prevail.
Dear Juris Doctor; are altered by the provisions in the Contract.
I am excited to complete the We can learn from these experiences by carefully
purchase of a condominium unit. A client of mine had a similar question. He was not reviewing a listing agreement when the Contract is being
When I went to the walk-thru all attending the closing so the Buyer’s agent went to the prepared and be aware of any differences between them
of the Seller’s furniture was still there. My contract has no walk thru on his behalf. She advised him all of the Seller’s so we will be sure who the winner is in the event of a
mention of the furniture because I have no interest in it. The furniture was out of the property and everything looked conflict between them.
listing in the Multiple Listing Service shows the property fine. He then reminded the agent that the Multiple Listing Sincerely, J.D.
was offered as furnished. The Seller told me I am obligated Service listing was for a furnished sale. The buyer’s agent
to take the furniture since it is mentioned in the listing. Is the told the Buyer that the furniture was in very poor condition If you have a legal question in the area of real estate,
Seller correct? and was not included in the Contract since the Buyer foreclosures, short sales, mortgage modifications, estate
Suzanne would be renovating the property. The Buyer assumed the planning, wills, trusts or probate, please submit it to this
furniture would remain since it was listed as a furnished newspaper at james@jcclaw.com.
Dear Suzanne; sale. He thought it would be there for his use before
In a conflict between the Contract and the Multiple
Listing Service listing, the Contract wins. You are not

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Editor: James A. Cioffi
james@jcclaw.com
Feature Writers: Dawn Levinstein, POA
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