One of the most common and easily overlooked sources of disputes in Florida residential transactions is personal property: what’s actually included in the sale, what’s excluded, and how it’s documented in the contract. Adding personal property items is so commonplace that both the Standard and “AS IS” versions of the FAR/BAR contract contain dedicated boilerplate sections listing items presumed to convey with the real property unless specifically excluded in writing.
The contract even makes clear that “Personal Property is included in the Purchase Price, has no contributory value, and shall be left for the Buyer,” meaning these items aren’t assigned any separate dollar value but are simply bundled into the agreed price. Yet despite this clarity, many agents and their clients gloss over Sections 1(d) and 1(e)—the critical lists of included and excluded items leading to last minute disputes at closing over things like missing washers and dryers, swapped-out chandeliers, or absent smart doorbells.
For example, a buyer might tour a home with an elegant dining room chandelier and assume it stays, only to discover at final walk-through that the seller replaced it with a basic fixture because it wasn’t excluded in the contract. Given recent updates, ‘personal property’ in the FAR/BAR now explicitly includes items such as doorbells, television wall mounts and mounting hardware, thermostats, mailbox keys, storm shutters, smoke detectors, and garage door openers, while intercom systems are no longer included.
For agents drafting or reviewing offers, the key is to slow down, read the contract carefully, and make sure any personal property expectations whether inclusions or exclusions are clearly and specifically spelled out in writing to protect your clients from frustrating and potentially costly closing-day surprises.
Our firm’s Real Estate Practice Group has extensive experience guiding clients through every stage of Florida residential transactions, including careful drafting and review of FAR/BAR contracts. If you’re buying or selling real estate in Florida, our attorneys are ready to help ensure your transaction is smooth, clear, and protected from unexpected disputes. Contact us today to see how we can assist you.