If I pursue suing a seller for changing their mind about a fully furnished home?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I pursue suing a seller for changing their mind about a fully furnished home?

I am under contract to buy a home, the house was advertised as fully furnished. However, now the seller wants to keep a lot of furniture we had not agreed upon. If I pursue suing her, how long will it be before closing? Would this add over 10 months for me to close? I ask because I need to make a decision by 8 pm tonight and our lease ends in 6 weeks, so we need to close before then. Our realtor told us that it could take up to a year before we closed if I want to pursue suing her. Is this true? I just need a sort of timeline on how long this cases typically take.

Asked on October 15, 2018 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Does the *contract* say that the house is fully furnished? If it does, you can try to enforce the contract ahead of time, to get a court order than she leave the furniture, but to do that in any reasonably short time frame ( couple of weeks), you'd have to bring the legal action on an "emergent" basis (think: urgent or emergency), which is more precedurally complex--and it is also more complext to seek an order for "specific performance," or that the other party actually perform as per the contract (as opposed to suing for monetary compensation only). You would almost certainly need to retain an attorney to help you seek an order forcing them to leave the furniture, but could, as stated, get it done in a few weeks, albeit at a higher cost (more procedural complexity essentially always translates into higher legal bills). 
Alternately, you could sue the seller after the fact for "breach of contract" for monetary compensation--i.e. for the value of the furniture they should have left, but did not.
If the contract does not specifically state that the furniture is being left, you'd have to sue them for fraud, for the false advertising. That could only be done for monetary compensation, so you could do it later; you cannot get a court order that they leave the furniture behind with a fraud case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption