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Inclusions and Exclusions

There are many thoughts on how to deal with what is included and what is excluded with properties. In my area for exlusions a lot of agents simply put "call l/a" to protect themselves or because they haven't taken the time to go over this with the seller or the seller wasn't sure about what they were leaving. The problem with this is that when a buyer's agent is showing a property and trying to formulate an offer with a buyer they can't give a full picture. If a buyer formulates an offer and then finds out that the ceiling fans are not included or the light fictures it can change what they want to offer.

It can be difficult for the buyer's agent to call the listing agent at that moment to get the list of exlusions if there is one. The buyer's agent should be able to answer the buyer's questions as they go through the house so that the buyer can get a correct picture. This might cut down on a lot of last minute changes in offers and buyers feeling that certain things because they are in the house and "attached" should be included.

Have you ever submitted an offer and after submitting it been told that so and so is not included. That buyer has included the cost of that item in their offer, no fair. The buyer's say "okay I m willing to pay such and such because I don't have to pay for such and such, it is included" onl to find out that it isn't included. That can sour a buyer on a property, create bad feelings and change an offer. As a buyer ask what is excluded and what is included before you make your offer!

Why can't listing agents just list what is not included on the lising to avoid this issue?

Posted by Miriam Bernstein,Westchester County Real Estate on 06/21/2008 06:40 AM

Comments (4)

buyers, mls, exclusions, listing agent

4 Comments on Inclusions and Exclusions

YES it is tough matter of working as a buyers agent and ODD items as a seasoned veteran place a disclaimer for research. GOOD LUCK

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06/21/2008 06:48 AM

by Lynn911.com ~ Top Dallas Real Estate Agent (Dallas Real Estate ~ Lynn911.com )

Our MLS has an area for inclusions that and we have an area for exclusions. Listing and selling agents should be careful how much personal property they build into the deal. We had a seller who included their riding lawn mover into the listing because they were moving into condo and would no longer need it. The buyers lender and underwriter wanted it removed from the contract.

06/21/2008 07:00 AM

by Sam Miller (RE/MAX Stars Realty)

We have this built into our contracts. It states the appliances all of them on the list now except washer and dryer are included plus all light fixtures and items attached to the wall. Now unless the realtor has disclosed somethign should not convey and we write it on the exclusions line of the contract. All those items are automatically included in the contract. And if they take off with that stuff they are in volation. So we ususally do not have much of an issue with this.

06/21/2008 07:12 AM

by Orlando & Lake Mary Real Estate Agent, First Time Home Buyers & Luxury Homes (RE/MAX Central Realty)

Hi Miriam!

Uh-oh! Inclusions and Exclusions are part of our Purchase Agreement! ;) We have a lines for that.

Generically, some agents write in,

Inclusions: Per MLS Number 123456

Exclusions: Per MLS Number 123456

Our listing agreements have the normal (?) inclusions and fixtures listed, and a line for exclusions, then that information goes on the MLS. Exclusions are also high-lighted in the brochure, and special attention is given if it is a fabulous Waterford Crystal Chandelier being excluded. Nobody likes disappointments, or misunderstandings.

Since (some) banks do not include personal property in a mortgage, we do a separate Personal Property Agreement, and we keep it simple ($1). If a buyer wants something that is not included in the home purchase, for example the homeowners boat to complete the deal, we use the personal property agreement.

(That was a great day for my buyer, he got a house and boat! The seller got full asking price for the house, and the Buyer paid only $1 for a nice in-board.)

I also remember spending one whole day chasing down a "directTV box" that my Seller took at closing. It was there at the walk-thru, but gone the next day. It was included in the sale, and my Buyers wanted it. Thank heaven the Sellers didn't move far. ---It is always the little things!

---Life goes on!

Great post! Best wishes and continued success!

06/21/2008 08:04 AM

by Ruthman Real Estate (Ruthman Real Estate)

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