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Buying Real Estate And Personal Property In The Same Transaction

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Real Estate Agent with Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL

Buying Real Estate And Personal Property In The Same Transaction

Buying Real Estate And Personal Property In The Same Transaction

Buying Real Estate And Personal Property In The Same Transaction is something that we as agents are always dealing with.  Many times a buyer will want to include a piece of furniture, mirror, play set, piano, etc, into the sales contract.  It can be done, but to all the buyers out there please know that in a real estate transaction lenders are in the business of financing houses not refrigerators and bedroom sets.  While you may ask for these items, it's best that they be handled by a separate bill of sale.  Also, please note that personal property included in a financed sales contract is included at no value and most likely "as-is" condition.  Recently a client asked:   Are we wrong to expect a working refrigerator?  My answer is...no, but if the seller agrees to leave the fridge behind, the chances are good that they won't guarantee it's condition or warranty it.  Including a one year home warranty in the conditions of the sales contract would be a wise decision.

When including personal property in a sale I feel it does an injustice to the true market value of the home usually reflecting  a higher sale price to cover those Items left behind by the seller, the same as asking the seller to pay much of the closing costs and then raising the final sales price of the home, if the home appraises then okay you're good to go, but if it doesn't you pretty much open another can of worms.

Anyway, I digress...my point is lets keep real estate and personal property separate.  Let the lenders finance the house and you deal with personal property with a separate bill of sale.

Just my opinion.

Nick T Pappas

If you need a knowledgeable real estate professional in Madison Alabama or Huntsville Alabama area, why don't you let me Google that for you! I also know outstanding agents in all states and Canada should you need help relocating to a new area.

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Comments(24)

Peg Barcelo
Fluff My House! Home Staging Inc. 250.486.6369 - Summerland, BC
The FlufftasticStager from Summerland, BC

Nick, another thing I learned today! You always hear about things being asked for when someone buys a house, but I never thought about the warranty thing. When we bought our house the sellers switched the fridge out for an older one before possession.

Jun 18, 2011 04:40 AM
Dawn A Fabiszak
Private Label Realty ( Denver metro area, Colorado - Aurora, CO
The Dawn of a New Real Estate Experience!

Nick ~ in Colorado, we often have appliances and window coverings in the contract left behind as personal property.  But not furnishings or decorations like mirrors and things.  The buyer will get a Bill of Sale for the items. 

Jun 18, 2011 06:12 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Endre-I'll try to write what I can into the contract at "no value", but anyway you look at it there is some value as it's part of the negotiation sometimes...if my math is right; a $200 couch amortized over 30 years at 5% looks like a $893 couch.

Al & Peggy-window treatments are actually covered in our contract.  

Hello Kristen-thanks for stopping by.  Asking for the fridge or washer & dryer is pretty common.  I had a client that purchased a home with four rooms fully furnished at "no value"...I made the mistake of adding that into an addendum to the contract...the lender did go with it, but only because the home appraised above the purchase price.

Mr. Rutman :))  You should have wrote this post for me!!

Peg-I always include the home warranty in the offer...it mostly gives the buyer some peace of mind.  Yep...the old switch-a-roo...that has caused more than one deal to become acrimonious real quick.

Dawn-the best idea and I'm sure I don't have to tell you this, is to remove anything that you do not want to leave behind.

Jun 18, 2011 09:13 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Nick  I understand about the fruniture, but here in Northern Virginia kitxhen appliances are part of the deak 99,9% of the time

Jun 18, 2011 11:20 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Nick, I agree, and if there is any indication that there is value being given to these items in the Sales Contract for other items, it puts the financing in jeopardy.

Jun 18, 2011 03:22 PM
Jackie Connelly-Fornuff
Douglas Elliman Real Estate in Babylon NY - Babylon, NY
"Moving at The Speed of YOU!"

Hi Nick, appliances here are for the most part, included. Most times the sellers take their furniture unless the buyer wants to buy some of it then that is a different story.

Jun 18, 2011 11:14 PM
Ann Allen Hoover
RE/MAX Advantage South - Hoover, AL
CDPE SRES ASP e-PRO Realtor - Homes for Sale - AL

Hi Nick, I need to write a post about the offer one of my sellers received last year.  I have never seen purchasers request so much "stuff".  I wondered why their agent wrote it in the real estate offer.   There were so far apart on price it never went anywhere, but if the sellers agreed to any of it we would have definitely handled it separately.

Jun 19, 2011 03:16 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Karen-ovens, built-in microwaves, dishwashers, window treatments are usually part of the deal.  The fridge, washer & dryer not so much.

George-I found that out the hard way once and didn't make the same mistake twice.

Jackie-furniture isn't usually part of the deal, but sometimes a seller is downsizing and wants to get rid of things or a buyer shows interest.

Ann-always best to keep real and personal property separate...looking forward to the post.

Jun 19, 2011 07:55 AM
Not a real person
San Diego, CA

I left a surprise for you in my blog post this morning. Let me know when you find it. What? You think I’m going to tell you where? Ha!

Jul 23, 2011 05:23 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

This is a good post about what "incentives" the buyers are requesting now-a-days.  I've had a few deals that they want the "personal property" thrown in to sweeten the deal (for them) and wanted to use the "hot tub" in their counter.  My eyes roll back as I try to explain that personal property is not real estate, and will come with no value.  We have a section in our offer agreements that have a place to include personal property.  I CAN'T STAND IT when the buyers want to "counter" using personal property.  ANNOYING.  Endre makes a good point!!

Jul 23, 2011 08:53 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Russel-Okay now you've got my attention...as soon as I respond to Carla....I'm on the way to check it out...guess I know who the tease is between you and Jim.

Carla-it drives me nuts as well...when clients start asking for personal property, my standard response now is to not make the home purchase about the fridge!

 

Jul 23, 2011 10:50 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

Nick, in our state a home sold to a buyers, especially a first timer must be in habitable condition, and that includes the necessary kitchen appliances, stove and refrigerator. If they ask for the dining room set, or the freezer in the garage, that are a throw in item only

Jul 23, 2011 03:47 PM
Larry Story ALC
Total Care Realty - Greensboro, NC
Beneath it all is the Land, Covering all of NC

Nick good info that is why we always put "at no value" on any person property included into any contract.  Basically no lender will allow any personal property to be included at any value since that will cloud the value of the home.  In some cases some lenders will not allow the items to be in the contract at all even at no value. 

Jul 23, 2011 03:54 PM
Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

Personal Property can be included if both Seller and Buyer agree, but is left to the benefit of the Seller with no cash value, in Indiana.

Jul 23, 2011 03:56 PM
Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279

I am on board with this 100%.  I had a buyer purchasing a million dollar property and after the negotiations on price wanted me to then go back and as the seller to "pitch in" the baby grand and the bar stools.  I emphatically said that I do not sell non-realty items and that after the option period she was welcomed to call the seller and work something out.  The buyer is still mad at me over this but as you said, too many potential problems with this. 

Jul 24, 2011 01:34 AM
Chris Smith
Re/Max Chay Realty Inc., Brokerage - New Tecumseth, ON
South Simcoe, Caledon, King, Orangeville Real Esta

Nick, I too, would prefer to sell chattels separately in a side deal, keeping the real estate deal separate, but this seems to be the exeption, rather than the rule...

Jul 24, 2011 03:32 AM
Mike Mayer
Mike Mayer, Broker/Owner - i List For Less Realty, LLC - Lafayette, LA

Non-realty items are often better addressed by having the buyer and seller negotiate a side agreement leaving the Agent(s) out of the arrangement (and keeping the contract language free from such inclusions).

Jul 25, 2011 01:57 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Russel-I checked out the surprise and I thank you my friend.

Ed-here the fridge is personal property, but we can still ask for it at no value.

Larry-you're preaching to the choir.

Evelyn-same here...hey we are almost neighbors...I have a house in Illinois.

Paula-that's the way to stop it right off the bat...so did they want you to pay for the piano?

Chris-buyers seem to be asking for everything and expecting it..not the way to sell real estate, but I guess what ever it takes to make the two parties feel like they are getting what they want.

Mike-I agree, but unfortunately personal items can become a real sticking point in negotiations.

Jul 25, 2011 01:10 PM
Effie Aultman
Coastal Realty Group - Cape San Blas, FL

Today I came across not just one but two listings with personal property, a small plane is being offered with a lot at the Costin Air strip in Port St. Joe FL and a vehicle in another.  It reminds me of "Dictionary Hill" in San Diego.  If you bought a home there back in the day, you got a set of encyclopedias. A plane and a lot on the air strip for $100,000. , really!

Nov 15, 2011 10:34 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Effie-maybe it's just whatever it takes to get a home sold, but it would be nice to keep personal and real separate.

Nov 16, 2011 07:31 AM