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Marsha411JD, Lawyer
Category: FL Real Estate
Satisfied Customers: 20358
Experience:  Licensed Attorney with 29 yrs. exp in Real Estate Law
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I have purchased a home in Florida. In the agreement I payed

Customer Question

I have purchased a home in Florida. In the agreement I payed a separate fee to cover furniture / appliances to be left with the home.
Upon departure the seller removed part of the original listed / documented items without my knowledge.
What are my rights in this situation?
Submitted: 11 months ago.
Category: FL Real Estate
Expert:  Marsha411JD replied 11 months ago.


Thank you for the information and your question. Assuming that you and the other party cannot resolve this issue between you by, for example, a partial refund to you for the items taken, then you can file suit in small claims court for breach of contract if the value of the items taken are $5K or less. The process is fairly simple and the clerk of the court in the county where your property is will have the forms for you.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Customer: replied 11 months ago.
Your answer is common sense and I found it without asking an expert
I was looking for a more constructive solution I am not sure if my time is worth the procedure you are proposing The total amount claimed should be less than $1000
Thank you for the advice
Expert:  Marsha411JD replied 11 months ago.

Thank you for your reply. There are no other options other than the two I presented to you, so I am not sure why you might have expected that the process would be more complex. Also, of course, we don't know what you do and don't know when you ask a question and assume since you ask it, that you want an answer. The small claims court process is very simple, that is why I pointed that out. It is designed for these types of disputes. But, as I mentioned first, the best first step is to always try to resolve it between you and the other party. The would simply involve sending a certified letter, or making a call, letting them know what exactly was missing and exactly what you are looking for from them. In a letter that you send certified, that is usually the best way to go if you are going to have to sue since you can show it to the court, you can let them know that if you cannot work things out, you will exercise your legal options. Again, as mentioned in my first response, if you have questions, please ask. Otherwise, you have the options available to you and how to exercise them, which is the question you asked.