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Buyer wrote, “Items excluded – Chandelier” Then the seller took it down and left wires sticking out?

By
Real Estate Agent with Chris Alston (Keller Williams Realty, Silicon Valley, California) 01338415

LightOn one hand, this is a rather funny thing to have happen...  But then again on the other hand it can lead to an argument with you and your buyer.  The buyer wants a light up there, but the contract didn't even talk about it, at all...

In the purchase contract most of them require you to state what is staying with the house and what is the seller's property to being taken by them when they move...

So if you state that the chandelier is "excluded", then the seller did what the contract told them to do.  The seller took down the light fixture and satisfied their end of the bargain.  They have put up a light that has a bulb and a long chain to start it up.

So what can you do?

One option is to write this in the comments or additional terms section.

Chandelier to be removed by licensed contractor after contingencies have been removed by buyer and replaced with a light fixture of buyer's choice, purchase buy buyer and delivered to seller upon removal of contingencies.

Kind of a long sentence, but you (and the seller) will know exactly what to do, and there will be no hurt feelings after.

Have you ever tried this?

Posted by

 

Chris Alston

 

Home sales and purchasing specialist

Keller Williams Realty, Cupertino

19400 Stevens Creek Blvd, Suite #200

Cupertino, CA 95014

408-850-6955

408-850-6956 fax

calston@kw.com

www.LivePlaySiliconValley.com

 

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Comments (18)

Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

Had one home we sold 20 years ago where the owner's family wanted the dining room "light" and right up front we established it would be replaced for up to $350 with the one of the buyer's choice prior to real estate closing. The buyer thought it was ugly anyway and made the motion of pointed finger at open mouth. Indicating it was being given the heave ho anyway. Woof. Ugly. No bare wires, put something up and before the video is shot, before the buyer sees the place and then thinks "Oh oh. They are stripping the house Martha."

Apr 14, 2011 12:23 AM
Chris Alston
Chris Alston (Keller Williams Realty, Silicon Valley, California) - Campbell, CA
Silicon Valley, California

So true!  Put it up before!!!  Great point!

Apr 14, 2011 12:30 AM
Carol Zingone
Berkshire Hathaway Home Services Florida Network Realty - Jacksonville Beach, FL
Global Realtor in Jax Beach, FL - ABR, CRS, CIPS

I too, prefer to swap it out before, it just makes it easier all the way around to manage expectatations.

Apr 14, 2011 12:32 AM
Chris Alston
Chris Alston (Keller Williams Realty, Silicon Valley, California) - Campbell, CA
Silicon Valley, California

Carol - So true!

Apr 14, 2011 12:37 AM
Mona Gersky
MoonDancer Realty, Dillsboro,NC - Sylva, NC
GRI,IMSD-Taking the mystery out of real estate.

Good question. Was this just a butt ugly chandelier and highly offensive to the eyes? Was it a family heirloom and the buyer knew the seller planned to remove it and buyer was just acknowledging it? Did the buyer already have plans to install something else?

In the case of the heirloom scenario - the listing agent should have convinced the seller to remove the chandelier BEFORE the house was shown and replace it with something else.

If however, the buyer knew that no way was that chandelier ever going to occupy the same breathing room as him OR he had advance knowledge that the seller would be removing it - this should have been a conversation BEFORE submitting an offer so that if a substitution was intended, the details could be confirmed in the Offer.

The North Carolina Offer to Purchase & Contract's standard language to deal with "fixtures" is pretty clear with a list of affixed items the buyer should be able to assume will convey with the house and the seller's responsibility to repair the damage. Their is no language dealing with replacement of the fixture.  The final sentence in that paragraph is as follows and the exception noted would have been my suggestion.

"EXCEPT the following items which are leased or not owned by the Seller or which Seller does not intend to convey:

Dining room chandelier to be removed and allowance of $200 to be made by Seller to Buyer at closing.

Seller shall repair any damage caused by removal of items excepted above."

I'm getting some coffee now so I can shake this schoolmarm feeling! Have a great day Chris.

Apr 14, 2011 12:44 AM
TeamCHI - Complete Home Inspections, Inc.
Complete Home Inspections, Inc. - Brentwood, TN
Home Inspectons - Nashville, TN area - 615.661.029

Good morning, Chris. Well, if the contract stated that the owner was going to take the chandelier, I don't see the prob. Did they state that they would replace it?

Apr 14, 2011 12:50 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Ideally removed before on market....but let's face it....if your average days on market is LONG, is the seller going to want to remove a light fixture that may have sentimental meaning?  (been there, done that!).  Care needs to be taken to make the contract clear, and that should be enough.  We always tell our sellers that anything they want to exclude COULD become a dealbreaker if the buyer sees it and wants it.

Apr 14, 2011 01:00 AM
Chris Alston
Chris Alston (Keller Williams Realty, Silicon Valley, California) - Campbell, CA
Silicon Valley, California

Thanks Mona - And you comment was awesome!

Apr 14, 2011 01:01 AM
Chris Alston
Chris Alston (Keller Williams Realty, Silicon Valley, California) - Campbell, CA
Silicon Valley, California

Michael - we have seen alot of arguements regarding this...  So we look to write like I posted. :)

Apr 14, 2011 01:02 AM
Chris Alston
Chris Alston (Keller Williams Realty, Silicon Valley, California) - Campbell, CA
Silicon Valley, California

BLiz - So true on the deal-breaker idea!!!

Apr 14, 2011 01:03 AM
Phil Leng
Retired - Kirkland, WA
Phil Leng - Retired

Hi Chris,

That is funny!

Last night we wrote an offer and asked for the entertainment cabinet and the flat screen TV in it!

Phil

Apr 14, 2011 01:08 AM
Shannon Coe
exp realty of California, Inc. - Oceanside, CA
760-586-5268, San Diego Realtor

we see this a lot with our short sales in Brentwood, seller wants to take everything.

Apr 14, 2011 02:04 AM
Tish Lloyd
BlueCoast Realty Corporation - Wilmington, NC
Broker - Wilmington NC and Surrounding Beaches

Chris ~  Spell it out -- put a sticky note on what "fixtures" don't convey -- offer to replace and/or give a credit.  The devil is in the details -- make 'em count.

Apr 14, 2011 02:15 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Chris -- I agree it's best to make these changes before hitting the market.  If that that cannot be accomplished, then it needs to be addressed with specifics in the purchase agreement initiated by the buyer or included with the sellers' counter offer.   Get rid of any ambiguity.  It's best to clear this up before the final walk-through...OUCH!

Apr 14, 2011 04:29 AM
Kristine Ginsberg
Elite Staging and Redesign, LLC - Short Hills, NJ
NJ Home Stager

Chris - as a home stager, I would have packed up the "good" one and replaced it with an inexpensive one from Home Depot just so there was no confusion and yet, the room would look much better with out a light-bulb hanging from the ceiling - not a good look!

Apr 14, 2011 04:45 PM
Erika Rogers
Red Rock Real Estate ~ Southern Utah's Largest Independent Brokerage - Saint George, UT
St George Utah Real Estate & Relocation Specialist

I recommend the sellers swap it out before too, just makes life simpler  and there's no room for misunderstanding.

Apr 15, 2011 06:31 AM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

I only had this happen once with a listing.  The seller wanted to exclude their dining room stained glass lamp, but they thought it would help "sell" the house.  I told them to remove it before we put the house on the market, otherwise it would be an issue later on.  They refused, then when the offer came, the buyers did not mention it.  The sellers thought they were in the clear.  Until the final inspection when the light that made the buyers want to buy the house was missing!  It was clear in the seller disclosure that it was reserved and the buyer initialed that page....the buyer's agent had to buy a very expensive replacement lamp or let the buyers walk.  I think that she made the right choice!

Apr 19, 2011 03:05 PM
Jim Frimmer
HomeSmart Realty West - San Diego, CA
Realtor & CDPE, Mission Valley specialist

Sometimes you have to be very explicit. In fact, in real estate, I think you always have to be very explicit.

Apr 20, 2011 05:36 PM