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Lenders Are In The Home Mortgage Business, Not The Appliance Business!

Reblogger Fred Griffin Florida Real Estate
Real Estate Broker/Owner with Fred Griffin Real Estate Florida Broker BK436788

     Real Estate Agents sometimes fail to realize that a Sales Contract on a Property is exactly that, a Sales Contract on Real Property.  It is not a Sales Contract for the riding lawn mower, the 90" flat screen TV set, the custom curtains, appliances, and other Personal Property

     From a Lender's POV, the Sales Contract is strictly for the Value of the Real Estate.  When the Appraiser appraises the property, they will NOT add value for Personal Property left with the house!

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Original content by George Souto NMLS #65149

We Are In The Home Mortgage Business, Not The Appliance Business.  Barbara Altieri wrote a featured blog which I commented on titled "Where's the Washer and Dryer?  Not in the Contract? Not in the House Either!"  Barbara in her reply back to me suggested that I write a blog expanding on my comment:

"Whatever is included in the Inclusions/Exclusions Disclosure needs to be for No Value or there will be an issue obtaining a mortgage."

Realtors especially newer Realtors some times fail to realize that a Sales Contract on a property, is exactly that, a Sales Contract on a property.  It is not a Sales Contract for the riding lawn mower, the 90" flat screen TV set, the custom curtains, and yes the washer & dryer, or any other appliance.  The Sales Contract is strictly for the value of the property, and is to include nothing else for value.  When the Appraiser appraises the property, they are not adding value for what ever is being left behind with the property.

So a Buyer and Seller have three choices if part of the furniture, appliances, or garden equipment is to be left behind with the house:

  • The Seller can state in the Inclusions/Exclusions Disclosure which is part of the Sales Contract that the following items are remaining with the property at "No Value", or
  • Buyer & Seller can have the Attorney draw up a separate purchase agreement for the items that the Buyer wishes to purchase from the Seller, or
  • The Buyer can simply just purchase the items from the Seller before or after the Sale, generally for cash.

If the Sales Contract mentions any item in it as being conveyed with the property, and does not specifically state that the items are being conveyed at "No Value" the Underwriter will NOT approve the Mortgage until she receives an Amendment to the Sales Contract, or a revised Inclusions/Exclusions Disclosure stating the the items listed in the Sales Contract are being conveyed at "No Value"  

This sounds simple but some times can cause a delay in meeting the Commitment Date on a Loan.  By the way the same is true for repairs, the Seller cannot give the Buyer money back at the Closing for agreed upon repairs on the property, unless it is:

  • Winter, and the repairs that need to be made are exterior repairs, and because of weather the repairs cannot be completed before the Closing.  In such a case, the Lender will allow money to be placed in an escrow account to do the repairs once the weather permits.
  • A HUD owned property which the Appraiser listed repairs.  FHA will allow the repairs to be escrowed in that case.

We Are In The Home Mortgage Business, Not The Appliance Business. The Sales Contract on a property is exactly that, a Sales Contract for the purchase of the property and nothing else.

 

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 Info about the author:

George Souto NMLS# 65149 is a Loan Officer who can assist you with all your FHA, CHFA, and Conventional mortgage needs in Connecticut. George resides in Middlesex County which includes Middletown, Middlefield, Durham, Cromwell, Portland, Higganum, Haddam, East Haddam, Chester, Deep River, and Essex. George can be contacted at (860) 573-1308 or gsouto@mccuemortgage.com

Posted by

Frederick Griffin, Licensed Florida Real Estate Broker    

 

 

  

 

 

 

Tallahassee Florida Metropolitan Area    

 

Disclaimer:  Nothing in the above blog article is to be construed as legal advice, tax advice, or financial advice.  For legal advice see an attorney.   For tax advice or financial advice see a tax attorney, certified public accountant, or other qualified professional.

 

Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

I have explained that so often to sellers.......leave what you want if the buyer agrees that you can but it has NO value.

Jul 12, 2013 08:45 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Fred thank you for the re-blog.  This is a simple concept, but even veteran Realtors try to list personal property on the Sales Contract, without saying that it is for No Value, it is just being agreed to leave it with the house.

Jul 12, 2013 10:13 AM
Christine O'Shea
Christine E O'Shea Broker - Naples, FL

Furnishings are not part of a contract of sale for real property and not for negotiation when there is a mortgage involved!

Jul 12, 2013 11:42 AM
Captain Wayne - Rowlett Real Estate School
Rowlett Real Estate School - Panama City, FL
Rowlett Real Estate School / Owner and Instructor

Good choice for a reblog.  This is something I touch on in class.

Jul 12, 2013 09:40 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

George shared the information very well, great choice for a re-blog.

Make it a great weekend.

Jul 12, 2013 10:33 PM
1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK

We do not make any comment about the inclusions adding value,having value, etc.. but our contracts say something like,things added at no additional cost.  

Jul 13, 2013 10:41 AM
Roy Kelley
Retired - Gaithersburg, MD

Good choice for a re-blog. Many deals have been lost on appliances and other personal property. 

Jul 14, 2013 02:00 AM
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

It's scarey some times what's assumed vs. what's known. Good post. Thanks for your comments on my blog too!

Jul 14, 2013 04:50 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Thank you everyone.  George Souto makes this argument from the POV of a Lender.  Real Estate Agents should consider this when a Contract is getting "bogged down" over personal property, and losing sight of the house and land!

Jul 14, 2013 11:27 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Fred, Great Re-blog.  The opposite of this is when sellers want to take items that are not personal ... like a commercial style gas range and oven.  I remain amazed at what buyer, sellers and agents attempt to do while transacting real estate. 

Jul 15, 2013 08:31 AM
Alan Kirkpatrick
Austin Texas Homes - Round Rock, TX
Alan in Austin

Fred:

Nice re-blog thanks for sharing, I had not seen this first time around. 

Jul 15, 2013 11:14 PM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

I find it interesting that your board of realtors still uses their own contracts and not those from FAR.

Jul 17, 2013 08:25 AM
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
NC Real Estate Transition & Relocation 919-602-848

Fred, we tell sellers that all the time. It might help them get their home sold quicker but, that's about it. It's also most valuable for a first time homebuyer who is perhaps a little stretched and don't have those items. Many move up buyers can afford to get exactly what they want. Great re-post.

Jul 17, 2013 09:19 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Hi, Kathleen.   Some Sellers think that they are in total control until they hand over the keys to the house.  They need to be reminded that the Contract Governs what will stay and what will go!

 

Hi, Alan - thanks for stopping by.

 

Barbara-Jo    - Tallahassee is a Government town.   That Government Mentality carries over into other arenas, including the Board of Realtors.  "That's the way we've always done it.  We don't see any reason to change."

 

Hi, Carla - thanks for your Comment!  

 

 

Jul 17, 2013 09:51 AM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Great choice for a re-blog, Fred.  I missed this the first time around.

Jul 17, 2013 10:17 PM
Lisa Friedman
Great American Dream Realty - Essex, VT
35 Years of Real Estate Experience!

Fred, this is a great reminder as it comes up all the time.

Jul 20, 2013 03:27 PM
Jennifer Fivelsdal
JFIVE Home Realty LLC | 845-758-6842|162 Deer Run Rd Red Hook NY 12571 - Rhinebeck, NY
Mid Hudson Valley real estate connection

Fred I always remind sellers and buyers furniture and other stuff in the home should be handled between them and not on the contract for the home.

I good re-blog.  George always keep us informed.

Jul 23, 2013 04:03 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Fred,

Good post, many do not understand that the sale of all that other stuff happens on another contract. A

Jul 23, 2013 08:51 AM