Dear George: "I recently bought a fully furnished house at the beach. A few exceptions were noted in the contract. I did a 'walk-through' the morning before the closing took place and I saw that some mirrors and rugs were missing.

These items were not noted in the contract as leaving with the previous owners. I feel they are mine, as part of the furnished house. I notified the listing agent. She will not return my calls or e-mails. In your opinion, should I pursue this all the way? -- Virginian

Dear Virginian: A "reasonable purchaser" would expect those items to be included in a home sold as "furnished." They should have been identified as "exceptions" if the owners wanted to remove them. I'm really surprised the listing agent will not return your phone calls or reply to e-mail. Have you tried communicating with the listing agent's broker? As for pursuing "all the way" only an attorney can advise you as to what kind of case you may have.

Dear George: "I sold my home three weeks ago. There was an inspection clause in the purchase agreement. The buyer's agent told my agent the buyer required certain repairs. I agreed to make the required repairs. I stayed in my home only until it sold. Then, I moved into my new house.

Last weekend the lady who bought the house showed it to her husband. He was concerned about the paint in the house. Paint was not mentioned in the inspection report. I'm thinking they want out of the contract. If the buyers do want out of the contract, what can I do? I'm afraid vacant houses are much more difficult to sell. -- Fearful

Dear Fearful: Communicate with your listing agent. Most purchase agreements dealing with real property contain a provision that covers what happens if either party fails to close -- you may be entitled to the buyer's deposit in some situations. Did the buyer's husband also sign the purchase agreement? Is the property located in a "community property" state? Finally, you might be surprised to know that it many cases, vacant homes are actually "easier" to sell in certain markets. Discuss this with your listing agent.

Dear George: "How can a consumer check out a real estate agent or broker? Specifically, where can one find out if the agent or broker has had any formal complaints lodged against him or her? -- Cautious Consumer

Dear Cautious: Many states and provinces will provide a consumer with basic information regarding state-licensed real estate agents. The agency may be called a "Real Estate Commission" or "Department of Real Estate." Online, the Association of Real Estate License Law Officials -- ARELLO -- has links to virtually all state and provincial real estate regulators. Look under "Regulatory Agencies" for your jurisdiction.

While a state agency will probably not provide specific details, a consumer can usually find out if any formal complaints have been lodged. Of course, it is the disposition of any formal complaint in which a consumer should be interested. The Better Business Bureau is another consumer source.

Dear George: "I want to make an offer on a residential condo in Texas. My agent told me that the MLS listing states the Seller must obtain a consent decree from the Harris County District Court handling Seller's pending divorce. If I put up the $2,500 in earnest money the seller wants, will I have trouble getting it back? What if the seller does not get the court's approval? I really want this property! -- Eager

Dear Eager: Put up ten dollars ($10.00) as earnest money. Make the contract contingent upon the seller obtaining the required consent decree on or before a specific date. In the Earnest Money paragraph, insert that specific date (or later) for you to deposit additional earnest money.

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George Stephens welcomes your questions by e-mail. Because of the volume of mail received, questions cannot be answered individually. Mr. Stephens is not a lawyer and this column does not contain legal advice. If you wish to obtain legal advice, please consult with an attorney or legal clinic.

Published: August 3, 2001

Use of this article without permission is a violation of federal copyright laws.

George C. Stephens, CRB is the Broker of deRaat Stephens, Inc. dba ERA Stephens Properties and the Director of Compliance for eRealty, Inc. Stephens served as 1998 Chairman of the 13,000+ member Houston Association of REALTORS® and is the Vice Chairman of HAR’s wholly owned subsidiary, e-Har, Inc. He is the 2001 Secretary/Treasurer of the 50,000+ member Texas Association of REALTORS® and TAR’s 2002 Chairman-Elect. Stephens holds a Texas Real Estate Broker license as well as a Texas Mortgage Broker License.