While the market is better in most parts of the country than we have seen in a long time...it seems that some Brokers either continue to...or become more creative in how they are justifying taking more commission or one party or the other not paying for this or that ...the buyer or seller 'understood' that/this was included.
Let me preface this by saying...this is what happens in Wisconsin and should there be some other law in some other state that "trumps" a written contract...that applies for that state.
We close all of our listings with an attorney. There are some people who believe that this is monkey business....and any monkey could close a real estate transaction. (Probably the same ones that believe anyone can SELL real estate with no experience/license/training.) Wisconsin is not an attorney state...this is not a requirement....it is a safeguard that we offer our Sellers which seems to be more and more necessary.
Our attorney recently related a closing he had....in MLS the property listing said that the home had a one year warranty. The accepted offer did NOT have that language included. At closing, the Seller refused to pay for the warranty. (One more time the closing statement was changed shortly before closing with no option for review by all parties...now a popular practice by this particular Broker.)
Understandably...the Buyer wanted the warranty he thought was included....the Seller did not want to dip into what he viewed as proceeds to pay for it...and having the "bigger stick" the Buyer refused to close without it.....and the Seller finally agreed to include it and the transaction closed.
The Buyer has the big stick...and it is unfortunate that we can't all "play nicely in the sandbox" throw less sand and build more castles....have it be a joyous occasion for both the buyer and the seller. Likely there may have been some compromises made before closing...price...or a repair, inclusion, warranty here or there....but the day of closing ought to be one of Sellabration. The mindset on BOTH sides of the table/transaction/fence/discussion should be how best to CLOSE the transaction...not how much chaos can be created at the last minute.
If you are looking for less chaos...and a smooth real estate transaction...call the Hansons...we'll show you the prompt professional service and proven results you deserve in all things real estate.