When A Seller Wants Everything Including The Kitchen Sink

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Real Estate Agent with Eric Anderson Realty Group 243419

When A Seller Wants Everything Including The Kitchen Sink

More often we hear about buyers who want everything when they buy a new home. But what about the home seller who wants to keep everything including the kitchen sink--LITERALLY. I met with a home seller this week and I honestly thought it might be some kind of joke. Well, maybe I was hoping it was some kind of joke when they asked me if we could exclude the sink. Okay, it was not the kitchen sink but that sounded better for my title.

As we went over the listing contract they asked me if there was a way to exclude it. This was definitely a new one for me. In the days of lots of upgrades, it is understandable that sometimes people become very attached to certain items. After much conversation and a lesson on buyers expectations along with explaining how we typically determine what is personal property versus what is considered a fixture, I believe that we straightened this out.

Typically, personal property is movable and can not be classified as real property. A fixture is an item of personal property that becomes real property by the manner in which it is affixed. When an item is attached by cement, plaster, nails, screws or plumbing it is usually considered real property. Bearing this in mind, it is always wise to exclude such items as those wide screen flat panel t.v.’s that have become common place in homes.

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Rainer
90,609
Maya Swamy
Funds Available - Long Beach, CA
Ph.D. Long Beach, CA - fundsavailable.com

Left me curious as to what they wanted to exclude

Jan 28, 2011 08:12 PM #1
Rainmaker
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Chirag Shah
Gateway Realty Corp of N.Y. - Mamaroneck, NY
Chirag Shah

Your post is so right on track that I have literally changed my mind. Thanks

Jan 28, 2011 09:45 PM #2
Rainmaker
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Dan Edward Phillips
Dan Edward Phillips - Eureka, CA
Realtor and Broker/Owner

If they want to keep it, remove it and store it before listing the home.

Jan 28, 2011 11:06 PM #3
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Charita Cadenhead
Keller Williams Realty - Birmingham, AL
Serving Jefferson and Shelby Counties (Alabama)

Eric I understand the attachment but I also understand that the need to sell usually supercedes the attachment.  I agree with Dan, that would be the smart thing to do, but they probably don't want to go through the trouble.

Jan 30, 2011 01:54 AM #4
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Eric Anderson

Fort Bragg Military Relocation Services, Fayettevi
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