Legal Question in Real Estate Law in Florida
MLS Services
My home is listed with a real estate brokage and put on the MLS. (I am also a Real Estate Agentand this was disclosed). We included in the MLS features that there is a pool (inground) and a portable spa. We have received a low offer on a FAR/BAR-7s contract which did not list any additional personal property except ''dining room chandelier Both of them'' which we accepted. The spa was never mentioned or requested to convey. Can we the sellers keep the spa since it was not negogiated or listed on the FAR/BAR 7s contract anywhere? Can we still enforce the contract?
2 Answers from Attorneys
Re: MLS Services
The following is general information only and not legal advice. Nothing provided will create an attorney/client relationship.
In Florida, items that are not affixed to the property generally are not included in the sale of the property unless they are specifically mentioned in the contract. Having said that, because the spa was listed and disclosed it is probably an element of the contract. You would probably be walking into a fight if you tried to sell the property and removed the spa.
Re: MLS Services
Unless the buyer or their agent is aware of the spa, they can only go by what they know they purchased because that is what you both negotiated for. You could take the spa and see if they ever mention it, just get the listing changed so it doesn't list the spa any more.
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