Inna Ivchenko, Realtor® • Green • GRI • HAFA • PSC Los Angeles CA (Barcode Properties)

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Rainmaker
528,347
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Then they get a cute little cure notice to put that shit back. Sneaky little bastards!

Jan 18, 2018 04:08 AM
Rainmaker
14,563
Jordan Ayan
The Lifestyle Collection - Scottsdale, AZ

There is a fantastic app out for both iOS and  Android called Centriq (pictures below).  There is a pro version, which is the one I use.  I use it when I list and when I rep the buyer.  I go to all appliances and mechanicals and, using the app, shoot a picture of the serial number if there is one, product label if there is not.   Within 24 hours (sometimes much faster if the product is in their database), there is a complete inventory of all the items their serial numbers, and a link to the product manual, parts guide, how to videos and a link to Amazon where they can order parts.  At closing, I email they buyer or seller a link to the app (I have usually explained it to them beforehand).  No more need for a file cabinet full of booklets.  Anytime they need information they are reminded about me.  

 

In the case of the seller, when you rep the buyer, make it clear to the other agent during the inspection that you are photographing all the appliance serial numbers.  

 

Jan 18, 2018 05:09 AM
Rainmaker
1,837,745
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

Hold up the closing. Whoa Nellie. Where does it say in the fine print that the stainless steel turns to harvest gold, avocado, poppy red and that awful shade of dark brown? Put 'em back...don't scratch the floor or chip the woodwork either getting a hernia going back to the future with the appliance shell game Mr Seller. That move makes the owner go from hero to zero in the eyes of everyone around the long conference room closing table...he, agent, someone in cahoots with him is not doing their part in the bait and switch, strip. Do the appliance swap if known before buyer starts drooling over the three door this, ice maker LED blue lighted that. Before images, video, showing. Out of sight, no sneaky feeling happens. What you see is what you get happens in the expectations which works best.

Jan 18, 2018 04:14 AM
Rainmaker
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Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

That would be a breach of our contract, which states the home has to be delivered in the same shape it was at the time an offer was made. I have for a long time written in that all appliances as seen at time of showing will convey.

Jan 18, 2018 03:50 AM
Rainmaker
370,130
Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

That really sours the buyer's side... just happened recently & the sellers were asked why. They said they really liked their W/D & needed one at the new place. Because the new W/D was close in price there was no credit issued but they were not as nice looking. 

Jan 18, 2018 04:41 AM
Rainmaker
817,414
Marco Giancola
Beachfront Realty - Miami Beach, FL
Realtor (305)608-1922, Miami Beach Florida

Not cool and a sticky situation-one for the attorneys.

Jan 18, 2018 01:46 AM
Rainmaker
1,322,126
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Area Real Estate

I would mention it to the sellers because they think that no one will notice but that will not happen. The appliances are probably documented in pics too so what are they thinking?

I would tell them to expect trouble from the buyers & they deserve the slap they get.

Jan 18, 2018 05:07 AM
Rainmaker
624,136
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

The buyer agent, when writing the offer should have identified those things of value the buyer identified. When you see  Wolf or Sub-Zero, itemize it.

The buyer can expect a $5,000 check for new appliances at the closing table.

One agent is likely to have a stressful day.

Jan 18, 2018 05:04 AM
Rainmaker
644,404
Pete Xavier with X Group Real Estate Advocates
Investments to Luxury - Pacific Palisades, CA
Outstanding Agent Referrals-Nationwide

Declare war. Speak softly at first, escalate the game plan as needed.

Jan 18, 2018 02:18 AM
Rainmaker
1,304,432
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Inna Ivchenko I would insist they put the original appliances back and make it a stipulation for closing. Nina Hollander has the bases covered.

Jan 18, 2018 10:03 AM
Rainmaker
49,383
Joseph Domino 480-390-6011
HomeSmart - Scottsdale, AZ
Real Estate Made Easy

That is why on every contract I write I include the Model # and Serial # of all the appliances that convey with this transaction. It only takes 2 minutes to write this stuf down. Someone else suggested taking a picture, which is a great idea, but it MUST be written into the contract.

If the contract just says "Refrigerator", good luck arguing that you wanted the nice stainless one but but got the old almond one.

Jan 18, 2018 09:35 AM
Rainmaker
2,520,927
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

Reminds me of the incident most recently when the sellers removed all of the window coverings after the final walk-through between when the buyers' loan funded and the recording of the deed.  I was all over that seller like a fly on you know what ... the seller returned the window coverings. 

I would be doing a similar thing ... return the appliances that were here when the offer was made or issue a credit for $X to cover the cost to replace.   That said, I would be first checking with the lender to see how that might delay the close and if we have time to screw around with a credit.  If not, then I would drive the ball to return the appliances. 

Jan 18, 2018 08:45 AM
Rainmaker
65,204
Christine Kankowski North SD and Temecula
House Match Inc - Poway, CA
Excellent Sales and Property Management

I imagine the listing pictures could help your side of it.

I had a client once who removed a nunch of light fixtures and closet builtins. We had to disclose...

Jan 18, 2018 08:23 AM
Rainmaker
2,223,960
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

This is not an OH-NO... it's a... NO-NO

Jan 18, 2018 07:26 AM
Ambassador
3,446,267
Jeff Dowler
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude - Carlsbad

Sound like breach of contract and the sellers need to know they may have to make it right...money, return original appliances.

Jan 18, 2018 07:16 AM
Ambassador
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Fred Griffin
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

       We had a builder here that was known for the bait and switch.  When I have a buyer for new construction, I write the serial numbers of the appliances in the personal property included section of the contract.   

     If a re-seller did this, I would call the listing agent and tell them they need to bring them back, today now.

Jan 18, 2018 07:10 AM
Rainmaker
900,594
Corinne Guest, Managing Broker
Barrington Realty Company - Barrington, IL
The Best in Buyer Representation

Wow our closing would have come to a grinding halt with me as that buyers agent.

Jan 18, 2018 06:31 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams fox cities - Stevens Point, WI
Forestland Experts! 715-204-9671

I hope that the offer specified which appliances, and the agent and buyers are steadfast in their insistance that the original appliances are returned and working before closing.

Jan 18, 2018 05:50 AM
Rainmaker
2,347,534
Richard Weeks
Dallas, TX
REALTOR®, Broker

That would be prohibited by our contract.  I would recommend to my client that we get this resolved prior to closing.  Maybe even time to lawyer up.

Jan 18, 2018 05:13 AM
Rainmaker
2,734,258
Tony and Suzanne Marriott, Associate Brokers
BVO Luxury Group @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Candice A. Donofrio nailed this one!

Jan 18, 2018 05:07 AM
Rainmaker
463,867
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

If the contract supports for the seller to replace the appliances, then you do nothing.  If the seller replaced the appliances with cheaper ones and did not notified anyone, we can have a problem in our hands.  Consult with the buyer(s) and find out how they would like to proceed. 

Jan 18, 2018 05:06 AM
Rainmaker
829,226
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

They have no idea how much that is actually going to hurt yet. So, so aggravating!

Jan 18, 2018 04:53 AM
Rainmaker
1,129,976
Raymond E. Camp
Howard Hanna Real Estate Services - Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

I take pictures of items like this that are to convey and send with offers.

Jan 18, 2018 04:25 AM
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

That is not the as is condition when the home was brought under contract. In Oklahoma that is a certain violation of the contract.

Jan 18, 2018 04:05 AM
Rainmaker
1,110,425
Kat Palmiotti
Grand Lux Realty, 914-419-0270, kat@thehousekat.com - Monroe, NY
The House Kat

Well that would stink. I bet the sellers hoped no one would notice.

I'd call the listing agent first to let him/her know my clients want the correct appliances, and next would be the attorney. My guess is there'd have to be $$$ provided by sellers to cover the purchase of new ones. What a pain in the butt.

Jan 18, 2018 02:48 AM
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Inna Ivchenko - pictures tell the story, isn't it?

The seller needs to bring them back - or disclose beforehand.

Jan 18, 2018 09:01 PM
Rainmaker
176,500
Susie Kay
Ultima Real Estate - Plano, TX
North Dallas Specialist

It's in the contract in Texas, they come with the house and canot be swap to a cheaper one.  Seller is up for lawsuit if they do this.

Jan 18, 2018 03:09 PM
Rainmaker
1,269,312
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Los Angeles CA

Thansk for your advice and sharing your experience!

Jan 18, 2018 02:10 PM
Rainmaker
643,233
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Unacceptable: misrepresentation; fraud.

Jan 18, 2018 12:54 PM
Rainmaker
352,823
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

would call listing agent to let them know (in case they didn't, ha ha) and follow-up with email to return them.

Jan 18, 2018 12:20 PM
Rainmaker
4,067,570
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
"Franklin MA Homes"

they need to replace the junk with appliances equivalent to what was previously there....or bring back the originals.... 

Jan 18, 2018 11:41 AM
Rainmaker
1,004,842
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

If it's done after the contract was accepted, then their agent would get a nice polite call demanding the house be returned to the condition the buyers purchased it in.  It would also be on the VFP form and I would make a demand of escrow that the closing not happen until the issue is remedied.  If the agent doesn't get it (I had one that thought their client leaving tons of trash behind was "fine" and they could use thier credit to pay for the trash hauling), then I'd be on the phone to their managing broker... which I was in that case and had the broker for the southern california region's number ready to dial.

Jan 18, 2018 09:19 AM
Rainmaker
4,396,969
Roy Kelley
Realty Group Referrals - Gaithersburg, MD
Roy and Dolores Kelley Photographs

Ask them to comply with the terms of the contract.

Jan 18, 2018 07:12 AM
Rainmaker
2,533,273
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

First i have this talk with every seller up front, anything they want to keep of swap should be done before even showing the home. If this happened to me when it was my buyer, i would insist on the money to replace with what is similar to what was there

Jan 18, 2018 05:31 AM
Rainmaker
505,502
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

If it was not specified in the Agreement the appliances would stay, then I guess they can take them.  If they were specified, then I would get on the phone with my lawyer and have the Seller's replace them.  Had that happen a few times whey tried to change out a Washer and Dryer... but too bad for them, the MLS photos showed the appliances that were there when we viewed the home. 

Jan 18, 2018 04:41 AM
Rainmaker
626,941
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

It depends on what's in contract.

Jan 18, 2018 04:31 AM
Rainmaker
3,819,168
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Talk to an attorney.

Jan 18, 2018 04:16 AM
Rainmaker
1,658,015
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

It violates the contract

Jan 18, 2018 04:10 AM
Rainmaker
168,457
Lesley Wilson-VanGoethem
Innovative Realty Solutions Group - Winter Springs, FL
Residential Real Estate Sales Specialist

We talk about this during the listing process and explain if they want to take an appliance, It needs to be swapped out prior to the listing going live.
An agent I used to work with actually wrote serial # down during the listing when he was measuring rooms etc. The sellers  sign the data sheets here.

Jan 22, 2018 05:20 AM
Rainmaker
3,340,171
Joan Cox
Metro Brokers - House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

We have seen this swap before too, and have started putting in the contract - appliances as installed at contract.

Jan 20, 2018 07:02 AM
Rainmaker
4,046,937
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I would ask my buyers if they wanted me to pursue any action and follow their wishes.

Jan 19, 2018 05:21 AM
Rainmaker
2,474,418
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker

Not a chance we close! Replace originals or provide new! Prepare buyers to walk and receive an earnest money refund! Conflicting demands on deposit monies at the least. Potential lawsuit with lis pendens to block another sale until resolve is reached!

Jan 18, 2018 08:03 PM
Rainmaker
745,298
Thomas J. Nelson, Realtor,CRS,e-Pro
Big Block Realty 858.232.8722 - La Jolla, CA
Co-Host of Mail-Right's: Real Estate Agent Podcast

That's Fraud. Lawsuit. That's why I always photgraph the appliances on AVID.

Jan 18, 2018 07:12 PM
Rainmaker
3,429,406
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I bring it up at the closing table and I can do several things that make the buyer pay

Jan 18, 2018 06:46 PM
Ambassador
3,484,710
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

Pull out the listing photos and say these or new, better ones.

Jan 18, 2018 05:20 PM
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Chris Ann Cleland
Long and Foster REALTORS®, Gainesville, VA - Bristow, VA
Associate Broker, Northern VA

Hopefully you have language in your contract that property conveys as-is as of a particular date.  In a case like this, contract date, date of the home inspection or ratification date would be ideal.  If it was settlement date, you'd be screwed.

In our offer, I advise buyers to elect to buy as is as of the home inspection date and then have the inspectors not what type of appliances were there at that time.

Jan 18, 2018 05:18 PM
Rainmaker
3,534,946
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding and Marketing

I agree with Candice A. Donofrio 

Jan 18, 2018 02:55 PM