My Husband And I Have A Home In Escrow Which Closes Tommorrow, In Our Offer Which Was Accepted By The Owner All Furnishings Are Included. We Went Over To The House And It Was Empty! Called The Real Estate Agent And She Said She Gave Such And Such To Her Friend Who "really Needed It" I Told Her That Was Unacceptable. A Short Time Later I Received A Phone Call From The Broker Telling Me That She Had In Writing (which I Signed) Something Saying That All Furnishings Except For.....(all Those Taken) Were Included. I'm Sure This Agent Added That To The Paperwork Because My Copy Says "all Furnishings Included"

Just Wondering If There Is Anything That I Can Do About This, Your Help Is Appreciated.

First, please don't capitalize every word. That makes it very hard to read.

Second, does your copy of the contract have both signatures? If yes, it is enforceable... if not, then you have to go with the copy that has all signatures regardless of what it says.

Wait a minute... are you saying that the realtor gave away some of the furnishings in the home?

Yes, she gave away all of the furnishings in the home except for a chair and a couch. I have a copy of the offer which both my husband and myself signed that states that all furnishings are included. The real estate agent says that we initialed something else stating we didn't want the furniture (which we did not, that is why we agreed to asking price). I'm so irritated with her I cannot see straight.

Thanks for the reply

Then your solution is this...

Call the realtor and tell her that in your copy of the contract the furnishings were included. This is a non negotiable point. The realtor does not get to steal items out of the house without paying either you or the original owner for them.

Therefore, she has 48 hours to return the furnishings to the home or to provide you with funds equal to the current value of everything removed. This value will be set by you.

If returned, you will inspect all pieces and the home itself for any damage resulting from the removal and return and bill her accordingly. You will have a reasonable time to make this walkthrough and bill her personally.

Failure to do either of these things by the deadline will necessitate legal action up to but not limited to a lawsuit for replacement value of the items, a formal complaint to local law enforcement for theft and a formal complaint to the realtor board.

Between calling the police, suing her and getting her realtor's license revoked, my guess is you should have the furniture back by sundown.