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Contract will list what stays and goes in sale

May 1, 2020
By ERIC FEICHTHALER - Real Estate Law , Cape Coral Daily Breeze

Dear Mr. Feichthaler:

I am currently looking for a house, and want to make sure that certain items inside are transferred with the house, like the oven for example. How can I make sure I receive what I am expecting?

-Ashton R.

Dear Ashton:

Congratulations on your decision to purchase a house now, as the 30-year mortgage was at historically low levels this week. Whether you are using a Realtor or buying from a "by-owner," the contract for sale and purchase is always key. The standard contract used by most attorneys and Realtors will state a list of items of personal property. Standard items include the range and oven, refrigerators and dishwashers, among other items. There is a place in the contract where items can be specifically excluded, as well as a place to list additional items to be included. For instance, let's say you and the seller agree that a wall-mounted flat screen television will be included in the sale. This item would be noted under the "other personal property items included" section. If it is not listed, it will not be included.

When the law firm or title company is ready to close, they should prepare a "Bill of Sale," which will have the effect of transferring ownership of these personal property items to you at closing. You will want to pay close attention to ensure all of the items that were included in the contract are also listed on the Bill of Sale.

The contract also will provide for a "walk-through inspection" the day before or day of closing. This final review is highly recommended to make sure all of those personal property items are still present, and to make sure no damage has occurred since the time you signed the contract.

I wish you the best in your new home!

Eric P. Feichthaler has lived in Cape Coral for over 30 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Historical Museum, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 18 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator.

Mr. Feichthaler can be reached at, or (239) 542-4733.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.



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