The Carpenters Bought a House from the Taylors for $250,000

question 41

Essay

The Carpenters bought a house from the Taylors for $250,000, paying a $25,000 deposit with the balance of $225,000 to be paid on the closing date. To save money on lawyers, they used a standard contract purchased from a stationery store. Thinking that the appliances, drapes and carpets, which the Taylors were to sell them for $5,000, could not be included in a contract for the sale of real estate, the Carpenters simply agreed to that verbally, and paid the extra $5,000 on the date of closing. They were horrified to arrive at their new house and find no carpets, drapes or appliances. The lawyer to whom they went said, "You have nothing here that says they are selling you those things."
a. What rule of law would the lawyer tell them about which could cause them difficulty in suing the Taylors for the missing furnishings, and how would it apply in this case?
b. What solution could the lawyer suggest, once she knew all the facts, and how would it apply in this case?
c. If the verbal agreement about the furnishings had been made sometime after the contract of purchase and sale, would the same problem exist and why or why not?