I believe in full disclosure and absolutely detest being asked by a lender to remove something from a sale that is actually being included trying to fit their requirements into my transaction!
For example, again today, I had a lender call me up telling me to remove shelving from a real estate purchase and sales contract since their mortgage only deals with real property and since the shelves are not attached, they are personal property. While they are correct about they "type" of property, I didn't write the contract for the lender, I wrote it to be clear and concise as to what was to be conveyed with the sale.
Our contract states that all personal property included in the sale is of nominal value and considered to be worth less than $100. I recognize that when a seller includes a washer/dryer or a free stranding fridge or shelving that these do not (and can not) be considered in the valuation on the appraisal of real property.
This wouldn't be an issue, but how am I supposed to answer the same lenders' Ammendatory Language Clause and Certification?
"Real Estate Certification The seller, the purchaser, and the real estate agent or broker hereby certify that the terms of the sales contract are true to the best of their knowledge and belief and it is agreed that any other agreement entered into by any of the parties is fully disclosed and attached to the sales contract."
In some real estate classes, they say you should just have a side agreement to have a one party garage sale after closing to sell these items between the buyer and the seller, but isn't that still a non-disclosed separate agreement?
Photo credit to Chris Blakeley via Dirty Martini - Blind Justice Creative Commons license)