Be Careful What You Ask For: You May Get It.

 In Real Estate transactions it is not unusual for a buyer to ask for an item to remain and become a part of the sale that is actually personal property of the sellers. An example of this would be the washer and dryer or maybe the refrigerator or a statue on the lawn. Buyers should be careful when making such requests as many times the seller may get offended as they feel the buyers want "My Stuff" or there is sentimental value they may place on an item.

 Years ago I represented a seller on a home in Murrieta California and when we received an offer it contained an unusual request. The buyer asked for the patio furniture that consisted of a table and six chairs plus a swing. What was unusual about the request was it was a very old wooden set with the old Fan Backs on the chairs. Seller agreed and made the statement he was going to haul it to the dump as it was old and rotted making it worthless in his opinion.

 When the Transfer Disclosure Statement,required of all sellers in all Murrieta Ca. home sales, was filled out I added into the Agent section that the furniture was rotten and of no value. The furniture had become a part of the sale so my opinion was included as a material fact of the property and transaction. Smooth escrow as we closed on time,sellers move out, and the buyers move in. Life is good!!!!!!

 Two months later at the beginning of Summer I get a phone call from the buyers agent on this transaction. Seems his buyer is irate that the patio furniture was no good and that he had actually fell to the ground when one of the chairs collapsed when he sat in it. With tongue in cheek I reminded the agent his client requested and received that patio set so it was now his problem. Guy hung up on me!!!!!!!!!!!!!!

 Next call from the agent came about two weeks later. Buyer only felt it would be fair of the seller to pay to have this "crap" hauled to the dump. I couldn't help myself as I asked if he had sat in another of those rotten chairs. Nope he hadn't but I did explain that at this point that furniture was now the personal property of the buyer.

 If you are buying a home in Murrieta Ca. please don't ask for something that may offend the seller and possibly cause them to not take your offer seriously. Remember this if you ask for something that is actually personal property it is Your personal property after escrow closes.