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Does That Item Stay? What If The Buyer Doesn't Want It?

We as Realtors are often asked 'does that item stay'. It really depends. Here in Florida, our buyer's contract lists everything that is to remain in the home and it deals with all appliances, so that is indeed covered.

I always explain to the buyer that everything listed in the MLS is also added into the contract and those are the things that will be there when the new owner opens the door after closing.

Sometimes sellers just don't want to take some things with them. It can be an extra freezer, pool table, storage cabinets in the garage or just about anything else. My comment is, if the buyer wants it, great. It is not included in the contract and is simply left. If the buyer doesn't want it and the seller doesn't want to take it we can usually get some charity to come by and pick it up. If a charity won't take it and the buyer doesn't want it, it is up to the seller to make sure the item is gone PRIOR to the closing.

If it is still there at the final walk through and the buyer doesn't want it, we can end up having a delayed closing. These are things that Realtors need to make clear with their clients.

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barbara jo roberts berberi, realtor
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Barbara-Jo Roberts Berberi, MA

Charles Rutenberg Realty

Serving the Greater Palm Harbor Florida Area, including Crystal Beach, Ozona, Clearwater, Dunedin, Safety Harbor & Tarpon Springs Florida & surrounding area

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Comments(24)

Nicole Doty - Gilbert Real Estate Expert
Zion Realty - Gilbert, AZ
Broker/Owner of Zion Realty ZionRealtyAZ.com

Great clarifications Barbara-Jo. The sellers can't just leave their unwanted items in the home for the new buyer to take care of. 

Aug 22, 2015 09:12 AM
Christine O'Shea
Christine E O'Shea Broker - Naples, FL

I think in this area, there is a lot of just leaving the items for the sellers convenience and thus, so many charity thrift shops and consignment store!

Aug 22, 2015 09:15 AM
Rob Thomas
Prestige Homes of The Tri Cities, Inc. CALL....423-341-6954 - Bristol, TN
Bristol TN-VA & Tri Cities Agent, ABR, GRI, e-Pro

I see that more often than not, the seller fails to get rid of it or drags their heels in calling the charity...

Aug 22, 2015 09:23 AM
Kim Johnson
Signature Realty Inc. - Coral Springs, FL
Selling South Florida

This is a very good post! Many times the sellers don't believe us when we tell them "this must go, you can't just leave it for someone else to take care of!"

Aug 22, 2015 11:46 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

Items left behind should certainly be addressed.  I closed a transaction a couple of years ago that was a lovely upscale home which had beautiful furnishings.  The seller played parts on some of the daytime soap operas.  She and her husband had been able to move most all their lovely stuff from the home prior to close of escrow.  However, when we did our walk-thru just hours before closing, the luxurious dining room set, and entertainment center, plus several other items were still there.  When I questioned the listing agent, she told me the seller's schedule had been busy, and they simply ran out of time before needing to get back to L.A.  She said the buyer could have them if they chose.  My buyers were ecstatic, so an agreement to that effect was written.

Aug 22, 2015 12:02 PM
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

Hi Barbara-Jo, a touch issue if not defined with some people. I have had as much trouble with things left behind that a buyer did not want as with items taken that the buyer thought they were getting with the property. Great subject.

Aug 22, 2015 12:40 PM
Alan Kirkpatrick
Austin Texas Homes - Round Rock, TX
Alan in Austin

Barbara-Jo Roberts Berberi, MA, TRC - Greater Clearwater Florida Residential Real Estate Professional 

There are always issues that arise when things are not clearly spelled out it is wisdom to put it all in the contract. 

Aug 22, 2015 01:13 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Barbara-Jo. You have taken on an important topic, one that has caused issues and as you said can cause delays in a closing. Florida is one of those states that I see this happen more often than other states.

Aug 22, 2015 07:48 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Very true, Barbara-Jo.  We have on occasion closed by escrowing money that would take care of the removal of these items and giving the seller a limited amount of time to take care of the issue or the escrowed money goes to the buyer to clear the home.

Aug 22, 2015 09:30 PM
Rose Mary Justice
Synergy Realty Pros - Dandridge, TN
Synergy Realty Pros

Stating the facts to sellers sometimes fall on deaf ears.  They think they are doing the buyer a favor by giving them a bonus.  They buyer may have other plans or taste.

That is where the contract should be clearly written.  If they are both in agreement, great!

Aug 22, 2015 10:19 PM
Rob D. Shepherd
RETIRED - Florence, OR
RETIRED

In my area I ask for it in the contract even if its listed as sometimes there are mistakes. If something is left behind I have a pickup and will keep the peace!

Aug 22, 2015 11:20 PM
Sheila Anderson
Referral Group Incorporated - East Brunswick, NJ
The Real Estate Whisperer Who Listens 732-715-1133

Good morning Barbara-Jo. This is an important topic to discuss with all sellers up front.

Aug 22, 2015 11:22 PM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Hi, Barbara-Jo. We see a lot of freezers and hot tubs being included in the sale in my market. Buyers usually want these things. 

Aug 23, 2015 12:26 AM
Yolanda Cordova-Gilbert
Richmond, TX

Barabara Jo ,

 Just stopped by to say hello and hope you are having a wonderful weekend!

Aug 23, 2015 06:59 AM
Robert Bob Gilbert
Berkshire Hathaway HomeServices Anderson Properties - Katy, TX
Your Katy TX ( West of Houston) Real Estate Expert

Barbara Jo, These issues should be cleared up as soon as posible but some sellers realize they just do not want to mess with moving wnatever they don't want. i can see this could dekay a closing. In worst case the seller might be able to haul it to the local lanf fill if the landfill will take the item. 

Aug 23, 2015 07:48 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I see contracts where it states that the seller is not to leave anything other than the items on the contract. In other words the seller needs to clear out the house.

Aug 23, 2015 11:39 AM
Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400
The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803 - Plainview, NY
Long Island Condo and Home Specialists

 If the buyer doesn't want it, the seller must remove it. Never had it happen where the seller left anyting the buyer didn't want...but you never know.

Aug 23, 2015 09:12 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

 thanks for all of the comments on this topic we deal with all too often.

Aug 24, 2015 12:06 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Barbara-Jo, I have had sellers say --- well it was here when we moved in.   Still needs to go! 

Aug 24, 2015 08:08 AM
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

Absolutely, Joan. The new owners do not have to deal with it.

Aug 26, 2015 10:03 PM