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Inclusions and Exclusions

By
Real Estate Agent with RE/Max Associates DE#RA-0003085 PA#RS347136

An investor just closed on a house and discovered, when he did his walk through, that he got more than he expected with his purchase. The Seller left personal contents in the house. In Delaware, the definition of how the house is to be left at the time of closing is “broom clean, free of debris.”  This one certainly was not. It ended up costing the selling side an additional $1,500.

 

When I list a house, I review this with my Sellers at the beginning of the process. We go over what is in the house at the time of the listing, and I remind them that they can’t remove or change out appliances, light fixtures, landscaping, or anything that’s a fixture. If the removal of the item would leave a hole, it’s a fixture and it must stay. The exception would be something for which we have an agreement. Everything else has to be out by closing.

 

I’ve done walk-throughs where the Seller removed a wall mirror and ripped out the toggle bolts right along with it (wrong) and walk-throughs where the Seller has left the nails in the walls from pictures (correct… they shouldn’t be removed because they’re fixtures).  As REALTORS, many of us have discovered appliances swapped out with inferior substitutes, ceiling light fixtures completely removed, holes left in walls when speakers were removed, etc. It’s frustrating and adds a lot of stress to what should be a peaceful transition and closing.

 

Try to prepare your clients for the move by having that discussion when you list the house and for your buyers, by making some notes about the house when you conduct your initial tour. Snap pictures of appliances, if you’re in doubt. Make sure the listing photos match what’s actually in the property.

 

The investor to whom I referred at the beginning of this post said that when he questioned the Seller’s side about the personal contents left behind, the Seller said they left no significant value to his inner soul. They obviously left some significant value to someone’s checkbook though.

 

Best advice? Talk with your clients and make sure they understand the road ahead.