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.
Christian Ross | Ross Law/Ross Title (Featuring John Andy of Smart Set Builders)
This week’s video was a great one. I had the chance to sit down with John Andy of Smart Set Builders, and he did an outstanding job explaining topics that come up constantly in real estate closings—but rarely get explained clearly. You can watch the full episode now at www.YouTube.com/ChristianRoss, along with every other episode available on demand.
John and I talked about practical, real-world issues that buyers, sellers, Realtors, and other professionals deal with on a weekly basis.
Here’s a simple breakdown of the four main types of probate and how they interact.
Domiciliary vs. Ancillary Probate
Domiciliary Probate happens in the state where the deceased lived permanently. For Florida residents, this means probate is opened in their Florida county of residence and covers all in-state property.
Ancillary Probate is required when the deceased owned property in another state. For example, if a New York resident owned a Naples condo, probate would be opened in New York (domiciliary) and in Florida (ancillary) to handle the Florida property.
Formal vs. Summary Administration
Formal Administration is the standard probate process when the estate is worth more than $75,000 or the death occurred within the past two years. It requires appointing a personal representative, notifying creditors, and court oversight before assets are distributed.
Summary Administration is a simplified option when the estate value is under $75,000 or the death occurred more than two years ago. It’s faster and less costly, but beneficiaries may be responsible for unpaid debts.
How They Work Together
These categories often overlap:
A Florida resident with out-of-state property may need domiciliary probate in Florida plus ancillary probate elsewhere.
A non-resident with Florida property will need ancillary probate here, which may be handled formally or summarily depending on value and timing.
Estates more than two years old may qualify for summary administration, even if larger.
Joseph Endicott, attorney Goede, DeBoest & Cross, special to the Naples Daily News
Q: I live in a condominium association and need access to my association’s official records but have been told that there are restrictions governing the manner and frequency in which I can request these documents. Is it permissible for my association to adopt restrictions on official records requests? S.F., Naples
A: One of the duties of condominium associations in Florida is to maintain official records of the association. The types of records that are considered official records are identified in Chapter 718, Florida Statutes, and cover a wide array of different documents, from voting records to building permits. These official record requirements enable associations to operate in a transparent manner and ensure that proper record keeping is maintained. Florida law requires that these official records be made available for inspection by a requesting owner within ten business days.
The board of directors for your association may choose to ensure that these record requests are handled as efficiently as possible and adopt procedures pursuant to their rule-making authority to do so. Among the procedures commonly established are receipt, frequency, and format restrictions. These procedures assist the association in processing requests as they come in, prevent abusive practices, and limit an overabundance of requests from overwhelming management staff.
Read the rest of the answer here, and the answer to this next question.
Q: I installed very nice custom tile on my lanai, and the association is now telling me that the tile must be removed in order to do some concrete restoration on the deck. The association is also telling me that the association will not replace the tile. This does not seem right. What is the law on this? D.M., Bonita Springs
Joe Adams, Attorney, Becker & Poliakoff, P.A., special to The News-Press
Q: I recently had new flooring installed in my condominium unit. The board president approached me, saying that they have reports from owners of the units below mine complaining they can now hear my family’s footsteps throughout the day. However, I think it is normal to hear footsteps in a condominium, given how close we all live to each other. I am not convinced that soundproofing is necessary. Is the board president overreacting about this? (J.D., via e-mail)
A: Disputes involving the transmission of noise are common in condominiums. Many sets of older condominium documents I have reviewed were written to require wall to wall carpet in all portions of the unit except areas where carpeting is not appropriate, such as kitchens and bathrooms.
Over the past couple of decades, various types of hard flooring (tile, wood, and various synthetic products) have become an alternative to carpet desired by many homeowners, including condominium dwellers. However, the noise from foot traffic, moving chairs, and other noises associated with day-to-day living often result in complaints from the owner living below.
While some associations still require carpeting throughout most of the unit, the modern trend is to permit hard flooring alternatives subject to an approval process by the association, which usually requires proof of the installation of some type of sound deadening barrier beneath the flooring. There are a number of products used in the flooring industry that are specifically designed for this purpose.
