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

LaShawn Norden made a very good point in her post. My hope would be a new agent would read it and spare themselves some grief.

Via LaShawn Norden:

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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Posted by Melody Botting Real Estate Network on 12/04/2008 08:14 PM

Comments (31)

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Originally posted at: Mel's Diner - Serving Up The Good Stuff: Buyers: If You Want the Plasma TV, Be Sure It's Written In Your Contract!

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

DEC

2008

It is so true, if it is not in writing, you cant count on it. Never trust the handshake! I know in NJ "verbal" is worthless

Hi Melody~ It is funny how many people assume certain things are going to be or should be left with the house. In real estate, everything is negotiable!

We have these inventory questions all the time here are a few tips that work most of the time #1 create an inventory that will stay with the real estate #2 have both parties sign it so there will be no hard feelings later and #3.. If there is financing involved..add these words to the sales contract: the personal property will remain with the property as a convenience to the seller and will be considered of no value. Others may dispute my advice but I have been selling vacation homes for 25 years and the seller most often don't want and can't move the stuff in a second home. So this works for me and the banks understand they are financing the real property and the stuff left behind shouldn't be an issue for the appraiser. Hope that helps in at least one deal for someone reading this.

If it's not listed in the contract, items that are not permanent fixtures do not go with the property. Should buyers have an interest in items that are not permanent fixtures they need to include it/them as part of the contract subject to agreement by the seller.

I have seen disputes where sellers have removed items that fall under the permanent fixture category.

Mel...I also state what the buyer expects of the holes in the wall from items taken down!

So true so true. If the buyer wants an item it had better be in Writing.

Agreed... If it's not in writing, you're out of luck. Well, uless the agent likes buying plasma tv's and the like for buyers. :)

Mel~Thanks for the re-blog...somehow, this got picked up for the A|R newsletter today...it must have been your touch! :)

Sorry but I don't sell furniture....it's easier if you just let the buyer and seller deal with it as a separate transaction after closing.

Melody - My rule is "Ask & ye shall receive"; I got a pool table and a car that way.

Mel...

I'll never figure this stuff out!

Great points indeed, but I always let them deal with it outside the closing. But your totally right if you're going to negotiate these things in the deal.

Melody.. this is so true.. thanks for the re-blog as I missed the original post

Melody,

If it is not in writing it is no good never know this could end up in court so if not in writing

you lose.

Melody,

You are right. Put it in the offer.

Neal,

You might not think you are selling furniture until there is a dispute.

Bobby,

I can understand a pool table but a car?

Good list of items for buyers and their agents to be aware of when writing offers. It's no fun to a nice set of surround sound speakers when you make the offer, and then bare wires hanging from the wall at the final walk through. A little attention to detail up front can alleviate that.

Thats kind of funny actually........the tv a fixture huh......? they seriously expected it to stay? Actually the reminder about being specific and explaining the difference between attachments/inclusions and personal property is a great idea!

And..........TEXANS have been wonderful! I've yet to met one that wasn't sweet and delightful.........I already knew they were one of my fav bunches on a/r.........but in person they're fantastic too!

DEC

2008

It is amazing what people are unaware of. I think that expecting the tv to still be there on the final walk through was a bit wierd. The only way to be sure is to have it written, even if the sellers verbally agree to leave a specific item behind.

I don't have a problem with it in the contract as long as it's in writing but I would still rather it be separate from the sale of the property. There can always be a dispute if the condition of the item isn't the same...scratches..etc. I would rather just sell the RE and not look to put a value on a TV or a piece of furniture..in my experience it can also change the appraisal.

No one likes personal property disputes. I mean really, closing days are meant to be "happy days"

You are so right and it's always best to disclose, discuss and get everything in writing. It's the unprofessional behavior of agents that results in petty squabbles that over shadow the big picture!

Congrats on the "FEATURE"

Always get it in writing, better safe than sorry!

Great point ! These little things can cause a good deal of ogoda if not planned for in the beginning ! No reason to have a "deal-killer" over a TV or something of the like !

Mel~With your readers & my readers, we earned a STAR! Yipee! Thanks again for the re-blog. It's nice to know others have found this information helpful!

Melody, Thanks for your warm welcom. I look forward to getting to know you better.

Hi Melody:

How true - How true. Put everything in the contract!

One of my first deals, I had a situation with a "wall" a/c unit. That will never happen to me again...

DEC

2008

Hi Mel - Really good reminder, it's so easy to overlook some of these items. I always ask my customer one last time if there's anything else that should be in the contract...I don't want to be solely responsible.

Hey - you did pretty good with this reblog...very nice!

Mel, I've been mostly out of the rain for a while but this caught my eye in going back. I guess everything should be in writing--I've heard of people arguing over the curtains :)

DEC

Melody, I have a new one to add to the list, I had someone ask for the dog collar that goes with the underground fence. The sellers didn't give it as it was made especially for their dog. That was a new one.

Why not ask for the TV- have you ever seen what it takes to get one of those things off the wall. Talk about a repair list, just re sheetrock the whole wall

Shelton

Why not ask for the TV- have you ever seen what it takes to get one of those things off the wall. Talk about a repair list, just re sheetrock the whole wall

Shelton

Why not ask for the TV- have you ever seen what it takes to get one of those things off the wall. Talk about a repair list, just re sheetrock the whole wall

Shelton

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