BIC TIP #1214: But the Ad Said Fully Furnished

The buyer walks in for the final walkthrough, looks around, and asks the question: where did all the furniture go? The listing said fully furnished. The flyer said fully furnished. Now the house is half empty. In this BIC TIP, Stephen Long explains why this happens and how to prevent it: if it is not in the contract, it does not exist.

Marketing Is Not a Contract

Fully furnished when the buyer toured the property and fully furnished at the walkthrough are often two very different things. The reason this becomes such a headache is simple. Ads, flyers, and listing remarks are marketing. They are not enforceable terms.

If certain personal property was promised in the advertising but never made it into the contract, the buyer may have no way to enforce it.

Personal Property Has a Home in the Form 2T

The Offer to Purchase and Contract (Form 2T) has a place for personal property. If your buyer wants the sectional, the patio set, or the big screen in the basement, write it in. Be specific. A vague description invites a vague result.

Use a Bill of Sale When It Fits

Sometimes the parties want to handle personal property outside of the Offer to Purchase. Stephen points to the Realtor form that serves as a bill of sale for personal property, which makes the transfer of that personal property contingent on the closing of the real property. It keeps the items tied to the deal without cluttering the main contract.

If you are unsure which route is right for your transaction, check with your broker-in-charge.

The Practical Takeaway

If personal property matters to your buyer, get it in writing, either in the Offer to Purchase or in a bill of sale tied to closing. Do not rely on the flyer, the MLS remarks, or a friendly promise. Document it now, and the walkthrough will be a celebration instead of a confrontation.