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Does It Stay With The House

By
Real Estate Broker/Owner with HomeRome Realty 410-530-2400 311291

After being on ActiveRain for so many years and writing over four thousand posts, I thought it was time to go back a few years to see if the information was still relevant. Here is a post from five years ago.

 

But I Thought...

 

How many times have we heard a buyer or seller say: "But I thought__________!''

Go ahead and fill in the blank.

These words are not something any of us want to hear. This means there is some misunderstanding.

Many years ago, after settlement, a buyer had her agent call me asking where the stained glass panel was. Her statement:

"But I thought it came with the house, and we want it returned."

 

 

Stained Glass 

The agent, adamant about the art, had her manager call me.

 Note: the item was a personal piece of art; it hung from a hook over a side door panel. It was not attached.

 

The buyer, the agent, and her manager suggested that an attorney be called to ensure the piece of art was returned. 

 

I suggested we go back and take a look at the contract. Was the item mentioned? Was it made part of the inclusions?  

The answer, of course, was 'no' but again those dreaded words... "But I thought..."

The buyer felt because it looked so good that it was part of the decor and was supposed to stay.

 

 I was told it should have been 'excluded' in the contract. My response if they wanted a piece of art that it should have been written in and negotiated at the time of the offer. After all, they didn't expect all the other hanging art to be left behind.

Hard feelings by the buyer, a seller who had already moved on, and someone saying...

 

"But I Thought..."

 

Margaret Rome 410-530-2400

 

 

 

 

Posted by

Margaret Rome
HomeRome Realty
Broker/Owner/Realtor®

Baltimore, Maryland


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Jeff Masich-Scottsdale AZ Associate Broker,MBA,GRI
HomeSmart Real Estate - Scottsdale, AZ
Arizona Homes and Land Group/ Buy or Sell

Stained glass is loved by all for sure Margaret Rome Baltimore 410-530-2400. When in doubt write it out! Always a good topic. Jeff 😎

Jan 11, 2021 09:15 PM
Margaret Rome Baltimore 410-530-2400

When in doubt, write it out...good comment.

Jan 13, 2021 10:44 AM
Ray Henson
eXp Realty of California, Inc. (lic. #01878277) - Elk Grove, CA
Realtor

I do not know how many times I have explained this to buyers and sellers to walk in and find some big surprise.  That but I thought is never a good thing to hear. 

Jan 11, 2021 09:48 PM
Margaret Rome Baltimore 410-530-2400

Raymond, these are not good words to hear.

Jan 13, 2021 10:44 AM
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

I guess some things are the same from coast to coast, if it's not in writing or in the contract it doesn't stay with the house... (Make sure)

Happy Monday  Margaret Rome Baltimore 410-530-2400 

.

Jan 11, 2021 09:54 PM
Margaret Rome Baltimore 410-530-2400

Paul,


Not in the contract...not going to stay.

Jan 13, 2021 10:47 AM
Endre Barath, Jr.
Berkshire Hathaway HomeServices California Properties - Beverly Hills, CA
Realtor - Los Angeles Home Sales 310.486.1002

Margaret I miss the days when you could see who was on late at night, WOW you are a night owl like me:) not to your post I always tell the buyers if they want something to write it in the offer that way there will be no questions:)Endre

Jan 11, 2021 11:06 PM
Margaret Rome Baltimore 410-530-2400

That was a long time ago when we could see who was on AR. I had forgotten that.

Jan 13, 2021 10:53 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Oh so true. Anything a buyer wants should be identified. Want the stained glass? The photo of the dogs playing cards? Whatever? Say so up front!

Jan 12, 2021 06:47 AM
Margaret Rome Baltimore 410-530-2400

Kat, If it's important, put it in writing.

Jan 13, 2021 11:12 AM
Rocky Dickerson
Realty One Group - Las Vegas, NV
Superior Service!

Good morning Margaret Rome Baltimore 410-530-2400 do you remember back in the day when common sense was common?

Jan 12, 2021 07:11 AM
Margaret Rome Baltimore 410-530-2400

Rocky, Not so common anymore!

Jan 13, 2021 11:12 AM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Hi Margaret Rome Baltimore 410-530-2400 - the more specific it is in the contract the less the chance of "But I thought..."

Jan 12, 2021 07:19 AM
Margaret Rome Baltimore 410-530-2400

Grant, Spell it out in the contract, if you want it.

Jan 13, 2021 11:15 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Margaret

I Thought = Assume, and

Assume = (Ass-U-Me) Making an ass out of you and me.

Jan 12, 2021 12:43 PM
Margaret Rome Baltimore 410-530-2400

I thought and I assume have the same meaning!

Jan 13, 2021 11:15 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

I actually wrote about there being too many feelings in real estate recently.  Too many agent themselves don't read the documents and set expectations accordingly.  It's easy to KNOW what is going to happen or convey when you read the contract.

Jan 12, 2021 02:31 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

In California, there is real property and there is personal property.  Whether something is an attachment can also have it becoming "real" property.  In the early days of my career, I remember a 4 foot tall decorative windmill in the front yard of one home, became an issue after close of escrow.  The seller took it with them.  It was personal property.  But, to smooth rough edges, the other agent and I did a little commissionectomy to bring things to a more peaceful close.  The "good will" from acting in such a way, can bring continued business from past clients.  

Jan 12, 2021 06:59 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

CONGRATULATIONS Margaret, on having this blog FEATURED in the Old Farts Club group!  

Jan 12, 2021 07:00 PM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Chris Ann Cleland With digital signatures, there seems to be more agents and clients not carefully reading the contract.

Jan 13, 2021 11:19 AM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Myrl Jeffcoat But of course you would have worked it out. Thanks for the feature in OFC!

Jan 13, 2021 11:21 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

Some times those 'I Thoughts" and coming more from a place of I didn't think.  Fixtures stay and anything hanging goes and all should have known that

Jan 13, 2021 03:56 PM
CANDACE (Candy) STEVENS, EA
Number Cruncher LLC - Overton, NV
Helping Taxpayers Resolve IRS problems

That must be a hard situation to deal with.  Sounds like you handled it very professionally Margaret Rome Baltimore 410-530-2400 

Jan 13, 2021 07:50 PM