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Buyers: If You Want the Plasma TV, Be Sure It's Written In Your Contract!

By LaShawn Norden

Real Estate Agent with Keller Williams Heritage Realty

December 03, 2008 12:04 PM

No one likes personal property disputes. I mean really, closing days are meant to be "happy days" when everyone celebrates, not when you yell or scream because the surround-sound speakers are "missing" or worse...the flat screen TV is no longer mounted on the bedroom wall!

All kidding aside...if you want to avoid an uncomfortable (and potentially deal-breaking) situation, it's very important that you know what "personal property" is being sold with the house and what "personal property" is not....and, if you want the Seller to leave something that they didn't include via the listing agreement or in the Seller's Disclosure, ASK FOR IT by making sure it's written in your offer and negotiated as part of the sale!

I know it can be confusing to determine what is "supposed" to come with the home, but I can tell you from experience that just because a TV is mounted to the wall doesn't mean that it's staying with the house.

As a Buyer's Agent in Seminole County, I often make it a point to identify those items that are considered "personal property" to be sure that the Buyer is fully aware of what they can expect to find remaining when they walk through the property before closing. If the Buyer identifies something specific that they would like the Seller to include with the sale of the house, I make sure to include it in the offer.

Although sales contracts do typically outline the existing appliances, ceiling fans, light fixtures, etc. that are expected to remain with the property when it sells (unless the Seller excludes them from the contract), there are always additional items that can (and do) become areas of dispute if not agreed upon upfront. Here is a list of those items I am most often writing in offers on behalf of my Buyers:

Flat screen TV's mounted to the wall
Surround sound stereo speakers
Pool equipment such as hoses, brushes, vacuums, etc.
Wine coolers/sub-zero refrigerators
Custom-made closet systems (not mounted to the wall)
Tool benches/storage shelving in the garage
Extra refrigerators or freezers (possibly kept in the garage)
Detached storage sheds
Children's playsets and trampolines
Decorative water fountains/bird baths
Decorative hose reels/artwork mounted to exterior of home
Non-permanent landscape lighting
Basketball poles/backboards

While this list is not intended to be comprehensive, it is intended to remind Buyers that what they see is not always what they get.

An experienced Buyer's Agent can help you make sure closing day is one filled with warm chocolate chip cookies and a celebratory glass of wine instead of tears or frustration.

If you or someone you know is in need of an agent who is a stickler for details, I'd welcome the opportunity to earn the business. References from happy Buyers who have had the Plasma on the wall (amongst other things) when they closed are readily available upon request!

LaShawn Norden, PA, ALHS, REALTOR, RE/MAX Central Realty, (321) 377-0157, LaShawn@LaShawnNorden.com

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Gita Bantwal

RE/MAX Centre Realtors - Warwick, PA

REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Great post. It is a good idea to mention to buyers about personal property and what is excluded while showing homes. First time buyers sometimes assume they are getting the washer. dryer and refrigerator .

Dec 03, 2008 10:39 PM

Bill Gassett

RE/MAX Executive Realty - Hopkinton, MA

Metrowest Massachusetts Real Estate

Lashawn you have touched on a good one with the mounted plasma TV. Most are not going to leave an expensive item like that behind yet it is fixed to the home and by definition that means it stays. You offer excellent advice on making sure what stay and what goes.

Dec 03, 2008 11:37 PM

Melody Botting

Broker Associate PenFed Realty - San Antonio, TX

You Deserve The Best

Yes, unfortunately it has been a problem. I could write posts for days with warnings of my screw ups and let downs. Commenting on yours is much more fun!

Hope you are feeling better. Your writing indicates you are.

Dec 04, 2008 12:19 AM

Lisa Heindel

Crescent City Living LLC - New Orleans, LA

New Orleans Real Estate Broker

This is one of those lessons that is usually learned by an expensive mistake! It's also why I generally write the offer AT the property. That way the buyers can walk through and we can be sure that we are including everything that they want in the initial offer. I always tell them, you have one shot at this - make sure you get it right.

Dec 04, 2008 01:27 AM

Eric McGowan

Moody, AL

LaShawn so many now expect the world and want it to remain. I agree even the smallest detail may need to be addressed in order to make sure there is "peace and tranquility" at closing.

Dec 04, 2008 02:39 AM

Anonymous

When in doubt write it down. Many sellers are taking whatever they can, because they feel they are "giving" their home away.

Dec 04, 2008 09:50 AM

#13

Joe Heffernan

RE/MAX Unlimited Northwest - Lake Zurich, IL

Noting anything the buyer/seller expect to be theirs in the purchase contract is great business practice. Another is prior to writting the offer if there are unique or expensive appliances, I have my clients bring their camera and we take photos or I will. Learned the hard way by after closing my buyer clients and I went back to the house and sellers spouse had switched out the newer stove and washer dryer with older models. Had they not been different colors may not have caught the quick switch.

Dec 04, 2008 11:02 AM

Carla Harbert

www.LorainCountyHomeSales.com - Avon, OH

RE/MAX Omega: Lorain-Medina County Area

Oh yes, I even heard of a seller taking the mirrors in the bathroom because they weren't "medicene cabinets", but they were attached. Not my sale, but someone else's in my office. Good advice - Carla

Dec 04, 2008 11:43 AM

LaShawn Norden

Keller Williams Heritage Realty - Longwood, FL

REALTOR, (321) 377-0157, Your Real Estate Advocate in Central FL

Gina~Yes...point out everything. You and your Buyer will be glad you did.

Bill~Items that are "fixed" to the house have been issues of many disputes...I forgot another big one...the satellite dish. More times than not, they will stay...but it's better to be safe than the sponsor of a new one!

Mel~Thanks for the compliment...are you suggesting I've had screw ups?? How dare you?? Just kidding...of course I have...which is why I'm hoping to help others with this post! Still not feeling great, but the meds are helping me to be "creative!" :)

Lisa~A great idea...Write the offer at the house...unless of course, the Seller is standing there watching ;)

Eric~ So true. I love peace and tranquility.

Joe~WOW...pretty brazen of the Sellers...taking pictures is another great idea. I had a Buyer one time who wrote down the make and model number on all the appliances. Maybe we should add that to our listing packages when we take a new listing...make, model, age & color of the appliances/personal property they are conveying...hey, there's a new Blog post idea.

Carla~Mirrors in the bathroom? Oh my, the next thing will be the water in the pool...Yikes!

Dec 04, 2008 11:58 AM

Roland Woodworth

Blue Cord Realty - Clarksville, TN

Blue Cord Realty

LaShawn.... this is so true.. great post.. thank you for sharing....

Dec 04, 2008 01:42 PM

LaShawn Norden

Keller Williams Heritage Realty - Longwood, FL

REALTOR, (321) 377-0157, Your Real Estate Advocate in Central FL

Roland~Thanks for the compliment. I hope this post saves others from costly mistakes.

Dec 05, 2008 12:30 AM

Kathy Kooyman

Home Realty - Pella, IA

La Shawn, you are so right, we need to think beyond the Appliances and window treatments. My personal pet peeve is when people take their speakers and leave holes in the wall.

Dec 05, 2008 01:43 AM

LaShawn Norden

Keller Williams Heritage Realty - Longwood, FL

REALTOR, (321) 377-0157, Your Real Estate Advocate in Central FL

Kathy~I agree. There are so many items that are considered "personal" even though they are attached...how about custom made mailboxes?? I forgot that one too!

Dec 05, 2008 01:49 AM

Cristal Drake

Prudential California Realty - Fullerton, CA

Realtor - Fullerton Real Estate

LaShawn, this such an important and well written post. When we sold our house a couple of years ago, the buyers wrote the two plasmas in that were hanging on the wall! My husband was bummed but the buyer was taken care of... There is so much confusion in this area and it is great that you are so knowlegable and can make sure your buyers are covered!

Dec 05, 2008 01:58 AM

LaShawn Norden

Keller Williams Heritage Realty - Longwood, FL

REALTOR, (321) 377-0157, Your Real Estate Advocate in Central FL

Cristal~Thanks for the comment & compliment. In working with Buyers, I make every effort to make sure they know that just because they see something in a house when touring it doesn't mean the Seller is leaving it behind. Like others, I've learned the hard way too, so hopefully, this will help Buyers, Sellers and their agents be more conscious when negotiating the contract.

Dec 05, 2008 02:03 AM

Tammy Lankford,

Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA

Broker GA Lake Sinclair/Eatonton/Milledgeville

LaShawn- I was reading this post last night right about the time the horses turned back into mice at midnight and Active Rain when on break and I went to bed. I was so happy to see it in my email from Active Rain. It's so important to put stuff in the contract. It might not make the sellers actually leave it. My real estate teacher told a story I'll always remember about one of his contracts. He asked for the curtains to remain. When they got there after the closing the curtains were indeed still there, piled up on the floor and all the lovely hardware was removed. He bought curtain rods with his commission.

This is a great post.

Dec 05, 2008 05:13 AM

David Slavin

Keller Williams Premier - Katy, TX

CDPE, ABR, SRES Keller Williams Premier

In Texas, we have a non-realty items amendment to include such items.

Dec 05, 2008 05:46 AM

Gail Robinson

William Raveis Real Estate - Southport, CT

CRS, GRI, e-PRO Fairfield County, CT

Plasma television sets mounted on the walls and satellite dishes mounted on the roof are not considered fixtures in the State of Connecticut. Not every agent is aware of this, so it makes sense to specify in the Listing Addendum the exact details of what is included and excluded in a sale. Tammy's example of the curtain rods is a good one. Here's another item to be aware of - natural gas grills. I had assumed that since the gas grill was on wheels on the deck and could be shut off and disconnected from the flexible gas line easily without any damage to the property that it was not a fixture, but the Seller's real estate attorney believed it was a fixture because of the gas connection. Gas grills with propane tanks are not considered fixtures, of course. Just another item to pay attention to.

Dec 06, 2008 01:18 AM

Benjamin Clark

Homebuyer Representation, Inc. - Salt Lake City, UT

Buyer's Agent - Certified Negotiation Expert

The contract rules. If they said they would include something and they intend to do it, they won't have a problem putting it into writing.

Dec 06, 2008 04:52 PM

Carolyn Heilman

Century 21 Premier Realty - New Franklin, MO

GRI, SRS

Thanks so very much for this enlightening post. Some things I had not thought of. Hopefully I won't make this mistake but I wouldn't bet on it. But having the information before hand sure help to keep me on my toes.

Carolyn

Dec 11, 2008 06:31 AM

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LaShawn Norden

REALTOR, (321) 377-0157, Your Real Estate Advocate in Central FL

Real Estate Resources

Selling or purchasing a home can be exciting and scary at the same time! The goal of my blog is to educate Central Florida Buyers & Sellers about the Good, the Bad & the Ugly things that can happen in a real estate transaction! As an advocate for consumers in Orange, Seminole and Volusia County, I especially enjoy working with first-time home buyers, relocation buyers, sellers of distressed property and luxury home sellers. Native to Central Florida, I'd welcome the opportunity to be your advocate too!

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