Legal Question in Real Estate Law in Nevada

We are buying a house from a builder in Las Vegas. The builder is selling its "model home" that it used in marketing that particular community. As part of the initial offering, the builder explained that all furnishings were also being sold as a separate cash transaction of $5,000. We ended up entering a contract to buy the house, but had not made a final decision on the furniture. We were leaning towards taking it, but not certain. We were never given an exact deadline for having to make the decision, so we said we were leaning towards it, but would give a final answer later. The builder said that would be fine. We signed contracts and agreements and paid our $5,000 earnest money to hold the property. Then, about a week and a half later, we informed the builder that we did want the furniture also. To our surprise, the offer regarding the furniture had been taken off the table because we took too long to respond. They decided they were going to keep the furniture for another building project. In fact, they had already moved all the furniture out of the property. We are extremely dissatisfied with this turn of events, and I want to know if this is even legal. We did not have anything in writing (other than the original advertisement which stated furniture also being sold), but we had a verbal understanding, without any deadline for having to make a decision. We are so upset with this company that we aren't even fully comfortable going through with the sale anymore. Is there anything we can do?

Asked on 11/11/13, 4:29 pm

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Under Nevada law, except as otherwise provided in the section governing personal property sales, a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his or her authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in such writing.

Your attorney can explain further.

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Answered on 11/11/13, 4:42 pm

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