Legal Question in Real Estate Law in Florida
I have recently closed on a beach front house that was in pre-foreclosure status. I was representing the seller, and we had a contract stating house was fully furnished minus personal items/artwork. The closing took place late Friday and the new owner advised us we could remove personal items after the renters left on Saturday. There are 3 pieces being disputed, as my seller could not get me his list of items in time prior to closing. The artwork does not jeopardize the integrity of the house and now the new owner will not relinquish the items in question. Do we have any rights to the 3 pieces of art in question as the former seller of the proeprty?
2 Answers from Attorneys
I am assuming that you were the realtor on the transaction?
The contract is likely meaningless at this point, there is a legal concept of "merger" meaning that the terms of the contract merge into the deed provided by the seller at closing. Since the closing has taken place then an action on the contract cannot stand. The only possible recourse could be based upon a bill of sale if the seller provided one at closing. If the seller did not specifically provide for these items in the bill of sale then an action to recover may be successful.
As with all litigation, be sure that the value of the items you are seeking exceeds the amount of money you will spend on attorneys fees, filing fees and other costs.
It depends on the wording of your contract. If it indicates all personal property therein and you did not specifically exclude the art work you are out of luck.
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