Inclusions and Exclusions...Buyers and Sellers Beware !

By
Real Estate Agent with EXP Realty 414-525-0563 57026-90 Broker

  Part of a Wisconsin listing contract lists things included and things excluded.Typical inclusions are kitchen appliances and of course...anything attached to the building....Whoops....did I say "of course" ? no appliances

   "Of Course" should probably be a phrase deleted from every Realtors vocabulary.

   There is no understanding by both Sellers and Buyers that  the...refrigerator, chandelier, playset, blinds, curtains, draperies valences, water softener, iron filter, dehumidifier basketball hoop....MUST be included.

   The Buyers had no way of knowing that the...

   - Chandelier was a wedding present from Grandma

   - The water softener and iron filter were rented

   - The high end refrigerator was going to be replaced by the one

       in the garage at closing

Sellers Do Not Assume that....

    -  The playset you are choosing not to dismantle is something

        the  college age children of the buyer will use

    - The garage refrigerator is an appliance that the Buyers want playset

       to have as part of the their "appliance package"

  old paint cans   - The old paint cans of burgundy and gold will of course be used to touch up   the walls when you remove the pictures of your dog in the living room

  BUYERS Do Not Assume  that....   

     - The wine refrigerator in the rec room is included

    -   The fountain of angels that adorns the garden will    continue to flow after you buy the house

     - The pet smell will disappear with the pets

     - Window treatments of any kind...blinds, valences,

        curtains, drapes will remain with the property

                                 !!! REALTORS !!!

          Take the time to go thru each room...the lower level, the garage and the outdoors and discuss with BUYERS or SELLERS what they wish included and excluded.  Read the MLS...ask questions...get answers...avoid problems...Live Happily Ever After.

        If you as a Buyer or Seller in Southeastern Wisconsin wish to live happily ever after....Call the Hansons ...we'll Include you in our list of overwhemingly satisfied Buyers and Sellers with world class service and proven results.

 

 

       

 

Posted by

Sally K. & David L. Hanson, ABR, CDPE, CSS, e-Pro,ILHM, REDS


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Rainmaker
1,560,731
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

Our contracts stipulate what are "fixtures" and those remain with the property, and in the next paragraph, what "personal property" remains. Unless the seller EXCLUDES everything conveys.

May 28, 2013 03:08 AM #22
Rainmaker
3,268,373
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Realtors - Luxury - Divorce

  We come from "all things possible" when listed as inclusions or exclusions though things attached...generally stay or are replaced...Grandma's chandelier with another light fixture....etc.

May 28, 2013 03:14 AM #23
Rainer
16,704
Tim Stone
Evergreen Realty - Rancho Santa Margarita, CA
Tim4Homes

Hopefully it will never lead to a court case, but be forewarned that if it is not explicitly stated in a contract, a judge will support the assumptions of the buyers.

May 28, 2013 05:49 AM #24
Rainmaker
3,268,373
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Realtors - Luxury - Divorce

Maybe so ....have never gotten to court with any of these...but there are always two legal opinions or there would be one lawyer...which would maybe be a good thing...but...

May 28, 2013 05:53 AM #25
Rainmaker
133,940
Kevin Henry
Henry Realty - Fort Wayne, IN

You are right it IS our job to explain everything to buyers and sellers up front so they will understand what to expect.

May 28, 2013 06:09 AM #26
Rainmaker
976,618
Aaron Hofmann
Atlanta Communities - Smyrna, GA
aka Mr. Smyrna Vinings

Interesting. In Georgia, we have a property disclosure which will document everything that is or is not included in the home. Keeps disagreements to a minimum. So as long as the buyers read it before signing the disclosure, it solves a lot of potential issues.

May 28, 2013 06:15 AM #27
Rainmaker
1,234,213
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Sally:  I had an English teacher in high school that her favorite line was "Be Specific!"  I can't think of anything more appropriate than her line when you're talking about what is .. and what isn't included within the contract for a home.  Good reminder ...

Gene

May 28, 2013 06:25 AM #28
Rainmaker
528,439
Tamra Lee Ulmer
Arizona Resource Realty - Payson, AZ
FORCE~NRBA ~ Over 1000 REO Assets SOLD!

Excellent Post! Things that might seem so tedius can really be a huge deal to the Buyer, even if it's over a Door Knob. So important to Specify in writing what stays with the house upon Closing. Avoid Confusion at all cost!

May 28, 2013 06:33 AM #29
Ambassador
2,190,241
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Congratulations on the feature. You know what they say about assuming...the bottom line is just don't to do it. Get everything spelled out in the contract.

May 28, 2013 08:10 AM #30
Rainmaker
651,152
Bobbie Smith
Stroudsburg, PA
570-242-1891

Excellent points. Most sellers do not understand in PA that everything attached is required to stay with the home.  If it is something special or important to them than replace it before you list the property with something comparable and avoid the "issue" before it comes into play. Excellent post!

May 28, 2013 09:57 AM #32
Ambassador
3,900,112
Kathy Streib
Room Service Home Staging - Delray Beach, FL
Home Stager - Palm Beach County,FL -561-914-6224

Sally & David- very good points.  I just spoke with a client who has not yet listed their home.  They have some chandeliers that are very expensive and I suggested that if they plan on taking them they should go ahead and remove them and replace them with a nice fixture to avoid any questions or hassles. 

May 28, 2013 11:29 AM #33
Rainmaker
3,268,373
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Realtors - Luxury - Divorce

Right ladies and gentlemen...show it as u sell it

May 28, 2013 11:36 AM #34
Ambassador
3,014,768
Margaret Rome, Baltimore Maryland
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Included and excluded are words that are very clear when used in a contract.

May 28, 2013 01:16 PM #35
Rainmaker
1,061,062
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

The bottom line in real estate is to make no assumptions. Texas contracts have a paragraph where the seller can list exclusions. I make sure the exclusions are written (not typed) and initialed by all parties to the contract.  Whenever possible, I recommend that chandeliers and similar items are removed and replaced prior to listing.

May 28, 2013 02:11 PM #36
Rainmaker
1,549,060
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance
Sally and David, you mean the dog smell will remain as well as the land mines in the backyard? What a bonus! You are so correct and nothing should be assumed. That's why we get the seller to complete, and I do mean complete, a Sellers' Property Dislosure identifying what goes and what stays. If it is a fixture, it must be removed before listing, because buyers will want it when they see it.
May 28, 2013 08:04 PM #37
Rainmaker
3,192,314
Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400
The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803 - Plainview, NY
Long Island Home and Condo Specialists

Sally/David, Then there are the sellers who "all of a sudden" decide that "of course" we are taking the chandelier...you know, the one they said when you got the listing that they were LEAVING!

May 28, 2013 08:19 PM #38
Rainer
1,756,848
Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

Hi Sally & David.  All real estate agreements must be in writing.  Verbal promises mean nothing.

May 28, 2013 08:24 PM #39
Rainmaker
2,944,256
James Dray
Fathom Realty - Bentonville, AR
Exceptional Agents, Outstanding Results

WOW! another ho-hum feature.  Great information and it so so on target, thanks. :)

May 28, 2013 08:40 PM #40
Rainmaker
3,268,373
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Realtors - Luxury - Divorce

legal and binding...it is...!

May 28, 2013 09:06 PM #41
Rainer
405,633
Brad MacKenzie
Brad MacKenzie - Duxbury, MA
Turning Houses into Homes on the South Shore

Ha, yes, the pet odors come with the house! Ugh. Made me chuckle because of one smelly house we've got here right now.

May 29, 2013 01:47 AM #42
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Rainmaker
3,268,373

Sally K. & David L. Hanson

WI Realtors - Luxury - Divorce
For All Things Wisconsin Real Estate...Call the Hansons
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