Real Estate Blog - Hey....where did it go?

Home : Blogs : Neal Bloom-Realtor ® Assoc.-CRS-Weston FL : Weston Florida Real Estate Blog, Neal"The Real Deal"Bloom

Hey....where did it go?

Did you ever show a home to your client and find out later on that the items that were listed as part of the sale weren't at the home when you showed it to a buyer?

How about showing the buyer the home and they see these beautiful stainless steel appliances and that top of the line washer and dryer in the laundry room only to find out later that the washer and dryer were switched with cheap low end units after the seller agreed in writing to include those appliances as part of the deal.

It's hard enough these days to sell Real Estate at top value.....well strike that....it's hard enough to sell any kind of Real Estate these days but when the property you want to show is featuring top of the line upgraded appliances....then they better be there especially if it catches the eye of the buyer.

How would you feel if you knew that the home you were purchasing included all these nice new shinny state of the art appliances only to show up for your walk through and see something that resembles ma and pa kettle.

Don't get me wrong...I have nothing against out of date appliances...I have them in my own home but if you see them and you expect them then you should make sure they aren't swiped by some mysterious ninjas.

What are agents thinking by raving about these items to pump up the value and then the seller wants to switch them because they want to keep them. Did you ever hear the..."well I never got the chance to use them and it would be a shame if I let the new owner keep them when it cost me $1800 for that awesome stack-able washer dryer or the stainless steel refrigerator with the 19 inch flat screen HDTV in the door."

Well if that's the case and they really mean that much to you..... then you should tell your Realtor® not include them in the sale if you intend on keeping them. Just because you didn't get the chance to watch your favorite soap opera this week in HDTV doesn't mean you can just make the switch without the buyer knowing. Do you really think the buyers are that stupid? Maybe they think their Realtor® is stupid and won't even notice.

Make the choice to include it or not to include it before you get a buyer excited. Doesn't it seem like they are willing to purchase your home? And one of those reasons was because they loved all those upgraded appliances!

You can't change your mind after you fully execute a contract and both parties were in agreement.

This seems to happen quite often...I hear it from agents all the time.

Make sure you put it in writing in your purchase agreement and then this way you won't get screwed during walk through. It's hard to get the title company to hold escrow unless you find out before the closing.

I've heard about more disputes at the closing table because of missing light fixtures and appliances.

So don't forget to check your contract and do your walk through.

For more information please contact Neal The Real Deal Bloom -CRS-Realtor® /Remax Premier Assoc.

2500 Weston Road ,Suite 103

Weston FL 33331

(954)608-5556

Posted by Neal Bloom-Realtor ® Assoc.-CRS-Weston FL on 08/22/2008 11:08 PM

Comments (66)

appliances, walkthrough, realtor, buyer, client, real estate

Originally posted at: Weston Florida Real Estate Blog, Neal"The Real Deal"Bloom : Hey....where did it go?

This post has been included in Florida Information Broward County, FL Information
Post is included in group: Posts to Localism
Post is included in group: RE/MAX Active Rain Bloggers
Post is included in group: Weston FL Homes For Sale

66 Comments on Hey....where did it go?

AUG

2008

This would never happen in Ohio. The MLS states what stays and we always write in the contract what stays. It NEVER says replacements are included!!!!

David,

Ive heard horror stories before...whats even funnier is when the people foreclose they steel them.

All of my contracts have an inclusion exclusion list that states Brand model and serial # Cant switch that. As far as foreclosures having Items stolen we ave to watch the copper plumbing. Oh well just makes for a interesting CMA.

Neal, I had this happen one time and a seller had to put back the fancy refrigerator they removed right before settlement. The settlement attorney made it clear to the seller what his obligation was.

There was a post earlier this week about a loan officer who's personal home was on the way to foreclosure. The loan officer/owner stole all the high end stuff out of the house before settlement and now has to do like 19 months in jail!

Neal,

Exactly, down here on the FAR/BAR contracts there is a place for exclusions...then again, you could add an addendum stating..."Oh, by the way, we're replacing the wonderful Viking stove with a Sear's Kenmore...hope you don't mind..." (J/K)...

Wouldn't that go over well...Just lowered the price by about 10 grand.

Jeff,

You are lucky because I know it goes on.

Audrey,

I guess you were able to see this occur.

Karen,

I'm sure you are familiar with it being in my area.

Hi Neal,

Sounds like the f-word to me...fradulent. BTW, I liked Jeff's comment about brand name and models, that sort of thing.

Oh, you bring up a sore subject with me, Neal.

Last year I helped a Client buy a house which had new appliances and a newer 50-gallon water heater in it. When my Clients moved in, they saw a large dent in the water heater and were upset with the home inspector that I referred for missing it. I called him since I knew that he not only takes pictures, but records manufacturer names, model numbers, and serial numbers, as well as other identifying information (type of water heater, BTU, etc.). He pulled the report and went out there to look at the water heater. Hmmmmm. It was a 30-gallon water heater, totally different manufacturer, 32,000 BTU instead of 38,000 BTU, and totally installed wrong. Looked nothing like that in the picture. As they were sitting in the kitchen discussing things, he thought that the kitchen appliances looked slightly different. Indeed, everything had been switched out.

I called the listing agent who called me a few four-letter words and then she called the home inspector and called him a few four-letter words. Turns out that she had failed to disclose that the listing belonged to her sister, and the sister's husband and his brother had switched out everything when no one was home. Ultimately it was resolved in my Client's favor for a nice sum of money, but what a hassle for everyone. I believe the listing agent had her license suspended for three months, but I'm not real sure on that one since it's just hearsay on my part.

Yup, I totally agree with you. One of my friends had this exact thing happen to them...at the walk through the night before close...there were no appliances! Interesting post Neal!

Cute lady sitting on the washing machine....thanks for the chuckle...its that a smile on her face?

Neal, I too have had that happen by some scum bags, lol...I was SO mad I couldn't see straight, at the time. The refrigerator was replaced with a hunk of junk. I called the listing agent that informed me that I was "losing my mind". It was the original refrigerator and I needed to "get over myself". For some STRANGE reason, I had taken photos for my buyers....There it was, the NEW refrigerator. We got $2000 out of them from the attorney, who let them know loud and clear they had better cough up the correct appliance, or a check:)

No matter how many addendum's you sign, there are simply just a few dirt bags in life that we must deal with:( Luckily, there are more good people than not:)

Neil, I always put in that we want all the "existing" items. If they switch them out then I think we have a deal breakng situation.

Good post. I featured it in my "Just Real Estate" blog of reblogs.

Hey Linda,

I think although it sounds a bit anal ...I agree that it would probably work.

Jim,

I'm sorry I hit your funny bone but as you can see it's a common thing that does happen from time to time.

Karen,

Thanks for stopping by a second time.

Nancy,

Elizabeth,

Wow!...I mean your mouth:) LOL!...When in doubt hire an attorney.

Hey Tim,

Thanks....I'm glad to hear all the different views. Maybe it's more common in FL...thanks

Neal,

It can happen in another way. My buyer assured me that the c-op she made the offer had a granite top when in fact, it was at the other co-op. It was tough going convincing the buyer that the granite top was not in the one she made the offer. We could not go back to the first co-op because it was sold already, The seller was fuming of being accused of "stealing". My manager advises us now to take a photo once we get an accepted offer.

Yes I agree with previous comment... what a sore subject, yes good luck to us Realtors... WE HEAR IT ALL DON'T WE?

Thanks

Tom Davis

World Class Delaware Realtor

Neal

You are right on target, to many listing have bad information as a result it makes the listing hard to sell, and it's makes the real estate professional look bad.

Good luck and success

Lou Ludwig

Rosalinda,

You should have told them to remove it and move it to the other home.

Tom,

Another sore subject rightly covered.

Lou,

I guess anything is possible in this day and age.

wow...that's really low. I guess I've heard everything now :)

Sally,

Thankfully it never happened to me but I've heard some good stories. I almost had my seller take a light fixture without telling anyone.

back in our music days, it was studio grimlins that came in and changed things overnight in the recording studio, to what sounded perfect before, only to sound god awful the next morning. (it couldn't have been our altered states the night before). so we're thinking the grimlins have just moved on. Now its making things disappear out of houses, impish, gleeful sprites that they are.

That is frustrating - i always take photos of the appliances when my people do the inspection to make sure they're the same appliances when they move in.

I've had people remove light bulbs, towel and toilet paper racks......as a matter of fact i showed up on moving day to my own purchase only to find the seller digging out the 'apple tree'...:-(

Boy oh boy, one more thing to deal with. Jim Frimmer's story was crazy.

I recently took a buyer to see a home that had stainless steel appliances in the MLS photos ... but basic, bargain white once we got to the house. With so many distressed properties on our market, we're very careful about documenting what is and is not included when writing offers.

Just to cover myself and my buyers I will write in the contract that 'all EXISTING appliances to stay' then I take pictures with a date stamp

AUG

2008

I hear of this happening all the time. It's happened to buyers of mine. We walked through and noticed a different chandelier in the main entrance. Luckily, My buyers loved the replacement. But we still got an extra $500 towards closing costs for the bait and switch.

I had a Sellers agent tell me that we could not have the items I wrote in the offer because it was not in the Listing. In our State that does not fly.I informed them that the seller agreed in writing when he signed and accepted the offer. He is lucky we did not ask for a zebra!

Neal- We have a short sale seller and she put a sign on her drapes that they are not staying with the house. She is moving out of the country and taking the drapes is just not practical. Every time we talk about her drapes they go up in price of how much she paid for them! :)

I'm sorry, what did your post say? I can't seem to get off the dryer.

Amen... "put it in writing"!

Mary- love the idea about the photos and date stamp!

JB Brookman

... and I think my job is tough.

Neal - Bro, you know what you are doing. What I would do to actually work with folks like you! And somebody get Pam Jank off of that dryer!

Neal, I use photos also. I take my digital along with me to the home inspections. (There is always time during those to take photos at your leisure.) Then they go onto a CD.

Woe to the seller who changes things out (or worse, removes an item completely). A quick phone call to their agent along with forwarding via email the photos that were taken during the inspection solves this problem quickly. (Pictures do say a thousand words!)

Neal, I too use photos as we've had older generation appliances being swapped out for even older - crazy - But I rarely remember what the brand - vintage is - So now I snap a picture... Crazy world!

I aways make a www.VisualTour at the Home Inspection, but Serial Numbers on the appliances? Just when you think you've heard everything! Cute graphic.

NEAL - Good advice for all. Sellers need to realize that if items are not excluded on the listing, then it is assumed by the buyer that it is included.

Neal, I've had this happen on the other side as well. What I mean is that I've had buyer's agents accuse my sellers of swapping out appliances, removing valances etc...This has happened on several occasions. I even had one threaten to sue and was just going ballistic at the closing table because my Seller supposedly swapped out a side by side fridge and tool the blinds off the sliding glass doors. I just let them rant and rave and make a fool of themselves then after about 15 minutes of this I whipped out the time stamped photos showing they were wrong!!! It was great!

My point is that whether on the selling side or the listing side it is our jobs to photograph and document any property that stays with the house. It also needs to be specifically mentioned and itemized in the purchase contract. I get offers all the time and in the personal property section is just reads "as per MLS" and of course the MLS print out is not attached. This is lazy and very unprofessional. The consumers are hiring us to watch their backs. It we did....this stuff would never happen.

Neal, I tell my sellers to remove anything they are excluding or swappin out BEFORE we start showings. It is not right for the buyers to have one expectation and get another. Once many years ago, a deal feel apart over a refrigerator. Ridiculous, but emotions run high during the buying process.

Gary,

That's rock and roll baby!

Liz,

Sounds like the ninjas were out for the bargain basement items.

Debbie,

Thanks for being a part of the discussion.

John,

The distressed ones or foreclosed ones are more common then a regular seller because the banks don't care.

Mary,

Existing to me wouldn't be enough...I would want to be more specific.

Trunda,

We had one similar that ended with a sole light bulb instead of a nice fixture that was originally there.

Dinah,

In our MLS you could use the disclaimer at the bottom that says the information is deemed reliable but not warranted or guaranteed but if it's already in the contract then you have to abide by it.

Katerina,

Those properties are basically like the scavengers coming out and grabbing anything that isn't nailed down.

Pam,

I'm too slow to figure out what you mean:)

JB,

A lot of people use the time stamp as a good way to keep track of things.

Jason,

I'm not sure what Pam was actually talking about...does she look like that? Maybe I'm just too slow:)

Kris,

I think as long as you get the information to the title closing agent the can figure out how much to hold in escrow if need be but there are times the dispute goes on at the table regardless.

There is an anonymous comment so I won't address it since I'm not sure who it is.

Judy,

I guess that method is being used more and more and it actually is a good idea since all numbers are different but I'm sure it annoys agents on the other side but it's still a good way to keep track of the items.

Adam,

Thanks for your input as part of the discussion.

BB,

I think from all the above comments that it's an excellent idea to use the time stamps. Or will they say that the photos were altered?:) Just like a Hollywood rumor.

I have seen lighting fixtures swapped out and you (the seller) just need to get everything ready the way you want to advertise & show it as to what is what - before the showings start.

I always instruct my buyers to take pictures of the applainces and items included. I also put in the PA the wording "the sale to include the applainces that were in the home on such and such date" Then we have the pictures to back it up too

Neal, I did a walk thru a few years ago and found the fireplace insert missing. This 1000 lb insert didn't just get up and walk away.....looking the listing over, the insert was included. The seller decided to put it in his new house. Needless to say, I paid to buy it back. The buyer requested it be set in the garage before closing. After closing he had a garage sale and sold it!!!

My buyer and the seller were two of a kind!!!!!

There are some really good suggestions here. I like the serial number idea.

This drives me nuts. Ya wanna hear something fun? The outdoor hot tub was stolen out of one of my vacant REO escrow 3 weeks ago.

Builders are not putting doors on refrigerators, dishwashers and stoves because appliances have legs and walk away here.

It's a crazy world we live in!

Oh my.. I think that is WRONG that something would be listed in the MLS and then remove it from the home

Hi Neil - Yes..it really is crazy when home sellers start stripping their homes and then think there is no issue with doing so. It can be frustrating to then try to patch things up.

It's happened to me several times.

A crystal chandelier missing in the dining room and the owner claims there never was one. Lenn has a camera.

An oven range replaced with one that wasn't self cleaning. That was corrected.

A top of the line washer/dryer replaced with Sears cheapest models. That got my buyers a $2000 gift to Sears to buy their own.

We don't let folks get by with that stuff. Of course, we are very careful about what we write in the contract to convey.

In a recent transaction the MLS data said washer and dryer excluded. In the contract the buyers included them. During the walk through the night before the close washer and dryer were gone. Listing agent bought my clients a new washer and dryer. I had pictures. :-)

Neal... late to the party. Since I do mortgages and only get to see the contacts, isn't it stated in the contract if items are staying? Even then, are people switching them? I do see the flip side of things... if not mentioned in the MLS or when showing a home, that certain items stay or go, it could give a negative impression when finding this out at the end. I guess a great example of this would be if someone was selling a model, after building was complete and took out all the high end appliances.

But something that was funny.... I can't see anyone in their right mind thinking that I would keep my 55" HDTV with the sale of the house. I also think buyers need to be realistic, not assume, and to ask... even with a showing. Good point and awareness with this one.

jeff belonger

I am dealing with this issue right now. The agent included a stainless steel refrigerator in the MLS contents and did not include it as part of items listed as not transferring with the sale. worse the sellers still owe a but 95% of the value on the unit. My buyer is concerned but in Texas it has to be written up separately as a non realty item so we are moving right along but the problem is agents offering items that will not be included and folks that do not have realistic expectations or even sound advice!

I take photos, lots of photos of the property that my clients are buying during our home house tours and home inspections. If the appliances, lights or anything else is missing or changed we have proof of what was there when the contract was written.

Steve,

Light fixtures seem to be even more common to happen than the appliances.

Russ,

I think the problem is we all don't always write in the specifics such as serial numbers as you can imagine.

Kay,

That doesn't sound so good.

Eliese,

I also liked the choices...was a good discussion I guess.

Renee,

I wouldn't doubt it in an REO...but wasn't there enough noise for people to hear or did the whole neighborhood take a vacation?

Roland,

:))

Bill,

I don't like those types of surprises and neither should you.

Lenn,

Hey I'm sure it happens to most of us at one time in our careers...at least it was a common thing all over the place.

Mark and Wendy,

I've seen that with builders models in my own old neighborhood..they came in at night with a truck and swiped all the appliances.

Jeff,

Anything is possible in our business. Whats listed in the MLS and in a contract are two different things...even if it's in the MLS it could be negotiated different in the contract as long as both parties agree to it but if it's a greed to be a part of the contract and then it's switched then unless you are specific it could be swapped without anything in writing.

Russell,

How can you justify top dollar when you take away part of the equation.

Cindy,

There you go!

Neal - What's worse is they sell the appliances (old ones) after the sale of the home included them and had to go out and buy new ones to replace them so the deal could close.

Neal~ I guess some sellers think that they can take even the light bulbs... ( had it happen...) hard to believe, but it happens... maybe they just don't know better?

Kathy,

That's what I see from some of the other comments above.

Vickie,

I've also gotten the sentimental thing like ...my mother loved it and she would have turned over in her grave it it was left.

That is just dirty pool. I think that having photographic evidence of what was there would be a good start. Serial numbers in the contract would put them on notice that subbing isn't going to happen.

That's how it is Lane. I can't wait to use the numbers when I write the next contract if needed.

I had a buyer's agent call me six months after the sale had closed. The investor buyer had just been to visit the property for the first time after the purchase and was sure there had been cabinets in the garage. Heck, it had been long enough I couldn't remember, and I don't always have pictures of the garage in my files. I called my out-of-state and very reliable sellers. Nope, they have never had cabinets in the garage. They thought the previous owners might have, which would have explained old holes in the drywall. Lesson learned, I now photograph the garages, too!

One other thought, my husband just showed an REO listing this morning. The listing agent had the wrong house in the photograph and the wrong cross street in the directions. AARRGH! Would you call that bait and switch?

Lela,

One mistake I have noticed and caught before an executed contract can go forward is a few times I've been sent offers with the wrong address or the wrong folio number.

Neal... well, as I stated, they could have most of my things, but not this one....

I am keeping my HDTV....

Not a good plan, and I don't want to be the one standing there scratching my head. Who needs it? Great post.

Neal I have been hearing Realtors complain about this more and more lately. What good does it do to get Buyers to the house if they can't deliver on they stated? Starting on a negative note generates the wrong kind of motivation.