Christian Ross | Ross Title – Ross Law
When preparing a listing, it’s natural for sellers and agents to add helpful details about furniture, fees, upgrades, leases, or financing arrangements. These notes are priorities for the Seller and can create interest and clarity for prospective buyers. But one lesson repeatedly proven in Florida transactions is this:
If it’s not in the contract, it doesn’t exist. MLS remarks and listing agreements are not binding. The sales contract controls.
Below are the most common items that people want to add to the Listing Agreement, but must be carried forward into the buyer’s offer to avoid problems later.
1. Furniture and Personal Property
Many sellers want to include or exclude furnishings, art, rugs, TVs, outdoor furniture, or decor. MLS makes this easy with fields, checkboxes, and public remarks. But these fields are not contractual, and the standard FAR/BAR and NABOR contracts are equally clear:
Personal property only transfers if it is specifically written into the contract or attached via an addendum.
Best practice:
- Create a written inventory or exclusion list early—before the listing goes live.
- Upload it to MLS as a supplemental document.
- Instruct buyer’s agents to attach it to the initial offer.
- Confirm at offer stage that the list is incorporated into the final signed contract.
- This protects both sides and prevents the all-too-common “What about the TVs??” dispute.
2. Fees the Seller Wants the Buyer to Assume
Agents often include notes like:
- “Buyer to assume remaining assessments.”
- “Seller shall pay application or move-in fees.”
- “Buyer responsible for HOA capital contributions.”
These warnings are helpful—but they do not change the contract’s default allocation of costs.
In NABOR and FAR/BAR, specific fees are already assigned to either buyer or seller by default. If a seller wants the buyer to assume something the contract would normally require the seller to pay, it must be negotiated and written into the offer.
Best practice:
- Identify all fees early: HOA, condo, builder, developer, utility assessments, capital contributions, existing balances, etc.
- Add them to a seller’s disclosure or fee summary uploaded to MLS.
- Require that any assumptions or reallocations of fees be included directly in the contract.
3. Solar Panels, Water Treatment Systems, and Special Financing
These are the most frequently overlooked items, and often the most expensive.
A home may have:
- A solar panel lease or solar loan with a payoff
- A water softener contract
- A propane tank lease
- A security system contract
- Pace financing or other special assessments
These arrangements usually involve monthly payments, payoff obligations, or assignment requirements—and failing to disclose them until the buyer begins due diligence creates tension and potential deal failure.
Best practice:
- Treat these items like mortgages: they are financial obligations and should be disclosed upfront.
- Add them to the Seller’s Disclosure under Financing/Leases.
- Attach copies of the agreements when possible.
- Require buyers to address assumption or payoff in their initial offer to avoid renegotiation within the inspection period.
4. Rental Agreements, Booked STR Income, or Property Management Contracts
MLS remarks often note “Tenant in place through July” or “Booked rentals convey.” But many agents forget that:
- The contract needs a copy of the lease.
- Rent prorations and deposits must be formally transferred, ideally on the settlement statement.
- Management agreements often require third-party consent.
If it’s not in the contract, the buyer isn’t obligated to accept the terms—or the seller may unintentionally promise possession that they can’t legally deliver.
5. Work in Progress, Permits, Renovations, and Insurance Claims
It’s common to see MLS notes about:
- Pending insurance claims
- Open permits
- Upcoming repairs
- Improvements scheduled for completion
But MLS notes are not binding assurances. The sales contract needs specific language addressing:
Scope of work – Who pays for it – Deadlines – Contractor requirements – Permit close-out obligations – Insurance recoveries
NABOR and FAR/BAR have default rules, but listing-level promises must be translated into contractual terms.
The Simple Rule: If It Matters, Put It in Writing—Early
The most important risk isn’t what goes into the MLS. It’s what gets forgotten when the first offer arrives.
The cleanest transactions happen when:
1. The listing includes helpful information for marketing, but
2. A disclosure packet accompanies the listing, including:
- Inventory lists
- Fee summaries
- Financing/lease disclosures
- Solar/utility contracts
- Permit/renovation updates
Buyers attach these documents to their initial offer, creating clarity and reducing the need for last-minute amendments.
This shifts the process from reactive to proactive—and protects your seller from misunderstandings while setting buyer expectations from day one.
Final Thoughts for Agents
Your MLS listing is a marketing tool.
Your listing agreement reflects expectations with your seller.
But your contract is where the legal obligations begin and end.
By moving critical items—furniture, fees, leases, financing, assessments, and work-in-progress—from the listing into actual contractual documents, you protect your clients, reduce disputes, and preserve the professionalism of the transaction.