OMG They’re Taking the Toilet Seat!!

Real Estate Agent with Solutions Real Estate CA DRE #01490977

OMG They’re Taking the Toilet Seat!!


MLS listings sometimes list items sellers are not leaving with the home at closing.


This is useful, and essential, particularly if the non-conveying items might be important to the buyers, or when normally they would be items left behind as standard practice (e.g., fixtures).


Better to know up front what things are not going to remain.


A colorful toilet - NOT the one discussed in the postThe issue of what conveys and what does not can often result in disagreements between the parties if not clarified, in writing, in the contract.


I expect this is true to some extent in other state contracts, but paragraph 8 of the CA Residential Purchase Agreement (RPA) addresses specifically the issue of “items included in or excluded from the purchase price.”


Whether washers, dryers, refrigerators and other appliances stay or not can often result in a dispute, but it’s not uncommon for chandeliers, hardware, wall sconces, hot tubs, and other things to be listed as non-conveying items.


I’ve seen, on rarer occasions, specific plants, for example, noted as being exclusions.


I had to laugh when reading a recent $700,000 listing this morning while searching for a view home for some Carlsbad buyers. The confidential remarks noted, among several other things, that the TOTO washlet toilet seat was, sadly, going with the sellers. Guess it’s good to be put on notice. [In case you’re really interested, the link will let you read more about this invention. What will they think of next?]


While the non-conveying toilet seat struck me as funny, the issue IS an important one - if you want to keep it, better to have it in writing so there is no question from the buyers.


Despite being in the MLS it also pays to have iexclusions in writing in the actuial contract in case there are discepancies.


Anyhow, I thought this might prove to be a humorous way to generate some discussion about the issue of items that convey or not, issues that arise about what conveys and what does not, funny or maybe not-so-funny stories, and your own thoughts.


I wonder what kind of seat the sellers will leave in Toto’s place? Uh, let's hope they leave one!


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Jeff Markell
Land Home Financial Services - Santa Ana, CA
Branch Manager / Mortgage Consultant - NMLS 22416

Jeff, The things we can learn on AR. I just looked one of these up and it is no wonder they want to take it with them since it can easily cost over $1000 for one of these 'bad boys.' I can't imagin spending that much for a toilet set, but I guess osme people can.

Jan 30, 2012 04:16 PM #5
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

Karen Anne - well they could buy new ones, right? BYO. How many homes REALLY have the right size potties? And I think your suggestion is a good one. Sometimes raising an issues really MAKES it a bigger issue.

Jeffrey - I didn't check the price but I guess I get it. LOL


Jan 30, 2012 04:18 PM #6
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

Jeff, that's right.  As long as everyone agrees and there's no surprises at COE, it's fine.  I have three Toto toilets and they're great.  I've heard that these heated toilet seats / bidets (combination, I think) are the best thing since indoor plumbing.  But for $700,000 you'd think they could leave it.

Jan 30, 2012 04:20 PM #7
Elite Home Sales Team
Elite Home Sales Team OC - Corona del Mar, CA
A Tenacious and Skilled Real Estate Team

Now that is something you do not see to often.

Jan 30, 2012 04:29 PM #8
Peggy Hughes/pha logistix, inc.
pha logistix inc - San Francisco, CA

Jeff... your comment I wonder what kind of seat the sellers will leave in Toto’s place? Uh, let's hope they leave one!... was exactly what I was thinking as I read your post.  My guess they're not changing it ahead of time is that the color of their commode is not common so finding a replacement seat is going to be difficult. I feel sorry for the new buyers... unless they replace the whole unit it is always going to look 'discombombulated'!

Jan 30, 2012 04:37 PM #9
Christine McDaniel
Coldwell Banker Residential Brokerage Porter Co. - Crown Point, IN
Broker Associate

Ewwww.....seriously???  They should have just changed it out.  Is that carpet on the bathroom floor? 

Jan 30, 2012 04:56 PM #10
Cameron Novak
The Homefinding Center - Corona, CA
Featured Corona Real Estate Agent Team

Forget about that electronic toilet seat cover.  I want one that warms up!!! 

Jan 30, 2012 05:39 PM #11
Tom Arstingstall, General Contractor, Dry Rot, Water Damage Sacramento, El Dorado County - (916) 765-5366
Dry Rot and Water Damage Mobile - 916-765-5366 - Placerville, CA
General Contractor, Dry Rot and Water Damage

I'm not particularly fond of any og the toilet seats in my house. If I sell my home, all of the seats can go with the sale.

Amusing post Jeff.


Jan 30, 2012 07:09 PM #12
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in North Kingstown RI and beyond

Jeff, it makes me house my buyers bought that was newer and upscale had all broken toilet would have thought the seller or agent would have changed them out-NO!  People can be so strange...

Jan 30, 2012 10:19 PM #13
Debbie Gartner
The Flooring Girl - White Plains, NY
The Flooring Girl & Blog Stylist -Dynamo Marketers

Wow, that's a nice toilet seat - with heat and massage, too.  I'll have to suggest that to some of my customers looking to upgrade their bathroom.

I wonder how much it costs and how much value it adds to the house.  I wonder if they would have been better leaving it and buying a new one for their new place.

Jan 30, 2012 11:08 PM #14
Cindy Edwards
RE/MAX Checkmate - Johnson City, TN
CRS, GRI, PMN - Northeast Tennessee - 423-677-6677

That is the craziest thing I have heard for awhile.  Here in Tennessee, it's pretty straight forward, if it is attached, it stays. If you want something that is attached, it better be on the contract.

Jan 30, 2012 11:53 PM #15
Rich Cederberg
eXp Realty - Albuquerque, NM
eXp Realty Agent Albuquerque

That is crazy but I must say, if I paid almost $2,000 for a toilet seat I would likely want to take it with me too.  I also advise sellers to remove anything they don't plan to leave with the house.  This removes any confusion that might arise.  Jeff, you are right, carpet in the bathroom, yuck.  Imagine what's growing under there?

Jan 31, 2012 01:55 AM #16
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

Lloyd - agreed. But at least they said something about it up front. It is jsut unusual to see that sort of exclusion.

Peggy - well I know nothing about these new fangled seats ut I assume the sellers can just remove and replace. The photo is NOT of the actual toilet - it's from a house I tour a year or so ago and every now and then the pic comes in handy.

Cameron - certainly I have seen them removed, along with every appliance and fixture, door knows, cabinet handles, the list goes on. But it;s not common in an equity sale costing $700K. As I said, the good thing is they stated it up front. But maybe better to just replace it and no one will ever know.


Jan 31, 2012 02:05 AM #17
Stephanie Stringer
First Choice Loan Services NMLS#210764 - San Antonio, TX
Mortgage Loan Originator

That sure is one ugly toliet.   Pink is not my color!  Now for the carpet, are you serious?  I'm sorry but carpet around the toliet.  No telling what germs can be found around the throne!  

Jan 31, 2012 04:50 AM #18
Nancy Conner
Olympia, WA
Olympia/Thurston County WA

Never ceases to amaze me what items a seller will insist they really can't leave behind with the house (and of course, how often that just means the buyer passionately wants that very item!)

Jan 31, 2012 06:27 AM #19
Connie Harvey
Pilkerton Realtors - Brentwood, TN
Realtor - Nashville TN Real Estate

Jeff, I typically tell Sellers to go ahead and remove the object and put something else there. The Buyer never sees it and it's no longer an issue.

Jan 31, 2012 08:17 AM #20
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Jeff good point, if you want to keep it put it in the contract.  That is better than what a young Seller did to a condo that one of my Borrowers was purchasing from her.  When My Borrower showed up for the walk through she had taken all of the outlet and switch covers.  It seems that she reaaaaaaaaaaaaly liked them :)

Jan 31, 2012 12:09 PM #21
Nevin Williams
Fairway Independent Mortgage Corporation - Cary, NC
Senior Mortgage Advisor

Jeff - Considering it's purpose it can go with the seller.  I would rather have a new one anyway!

Jan 31, 2012 02:51 PM #22
William Johnson
Retired - La Jolla, CA
Retired Real Estate Professional

Hi Jeff, That is really an odd item. They should just take the whole things and put a plain white one in it's place. The color is not that serviceable for most people anyway. :-)

Jan 31, 2012 03:44 PM #23
KDMZFj edezkidjagpg
May 29, 2012 12:51 PM #25
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Jeff Dowler, CRS

The Southern California Relocation Dude
What's my Carlsbad CA Area Home Worth??
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