If You Want It To Stay-Write It In The Contract

By
Real Estate Broker/Owner with HomeRome Realty 410-530-2400 311291

 

When purchasing a home, make sure you know what you are buying.

What stays and what does not?

Convey within the body of the contract because you don't want to hear these words:

"But I thought  (fill in the blank)  was part of the purchase."

Our Maryland contract is pretty specific about appliances, window coverings, attached fixtures, built-ins, carpeting, fireplace screens, and garage remotes. 

What about the porch and pool items? Playground equipment, trampoline, grills, firewood, even artwork. What about the bathroom mirrors...if not attached.

And if you want it...then write it in!

Be specific if you want an item, and also be clear if there is an item you don't want. Do you want the extra matching paint,  wallpaper, and carpet? Some think this is a bonus to the buyer, so they have supplementary material when needed. Others believe it is your trash. Clear this up before closing.

I remember two unusual transactions re: including and excluding in a contract.

-One, the seller excluded the front door. It was custom made by a local artist, and it was going with them. Of course, there was a replacement door before closing.

-The second was the family dog that we wrote into the contract.   The seller was moving out of the county,  and the buyer's little boy bonded with this canine. Everyone agreed, the puppy stayed.  It was a pleasant transaction.

 

And if you are buying AS IS, what stays and what goes?

  At one closing, the buyer demanded that the old laundry appliances be removed, requesting a credit. It could have delayed settlement.  The buyer was asked which one of these words, 'as' or ' is,' was not understood?

 

Don't rush this decision.  You might lose a house by wanting to see it a  second time or have your contractor check it out before writing the offer. It's so much better than making a fast and costly mistake.  No matter how strong the market is, please do not buy a home seeing it only one time. Don't be rushed, don't cut corners, know what you are signing and ask lots of questions.

Everything is negotiable between the buyers and sellers as long as it is in the contract!

Thinking about buying or selling a home

Call Margaret Rome

 

Margaret Rome

 

Comments (19)

Tony Busanich
TD Bank - Freehold, NJ
1-4 FAMILY HOME LOAN SPECIALIST

Hi Margaret, I can't tell you how many time we have issues with contacts that are not complete. If it's not in the contact, consider that your going to have a problem down the road. Thank you for bring this issue to light.  

Nov 08, 2021 11:10 AM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Tony Busanich, And we also need to be careful about writing items in like furniture. That can complicate the sale and the lender has to request a statement that those items have no value.

Nov 08, 2021 11:16 AM
Wendy Rulnick
Rulnick Realty, Inc. - Destin, FL
"It's Wendy... It's Sold!"

Margaret Rome Baltimore 410-530-2400 And on the flip side, the seller needs to know not to "take" the items that are in the contract!! 

Nov 08, 2021 02:47 PM
Anna Banana Kruchten CRS, Phoenix Broker
HomeSmart Real Estate BR030809000 - Phoenix, AZ
602-380-4886

Margaret our contract is very specific about a lot of things - including some things considered personal property.  Typically we don't include furniture or other things like that. In fact if a seller is attached to a let's say 'family heirloom'  they take it down and replace it - instead of buyers seeing it and wanting it. Easier that way. That works well.

Nov 08, 2021 02:53 PM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Margaret you are absolutely right, "if you want it, write it in".  there is no excuse for "But I thought it was part of the purchase".  Never assume when there is an opportunity to be sure.

 

"But I thought  (fill in the blank)  was part of the purchase."

Nov 08, 2021 02:57 PM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Wendy Rulnick, For sure and we should be advising our sellers according to contract. And it is always important to do a walk-thru prior to closing!

Nov 08, 2021 03:24 PM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Anna Banana Kruchten CRS, CRB, Phoenix Broker, Good to see you.

It is so much easier if the items that do not stay are removed and replaced. 

Nov 08, 2021 03:26 PM
Anna Banana Kruchten CRS, Phoenix Broker

Thank you!  We've had a lot going on around here and it was nice to have time to get back in the rain for awhile today.

Nov 08, 2021 08:01 PM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

George Souto , Write it in or write it out. And as a lender you see a lot of inclusions which have to be removed or explained that  there is no value.

Nov 08, 2021 03:29 PM
Ed Silva
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

I recently closed on a property and the buyer's agent wanted some recovery at the  end and actually tried to pull it off by stating that it was implied in the contract.  He had short changed his client and tried to bluff his way to get it

Nov 08, 2021 04:39 PM
Anna Banana Kruchten CRS, Phoenix Broker

Right....not happening buddy!

Nov 08, 2021 08:02 PM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Ed Silva, I would have enjoyed listening to the "implied" in the contract. It sounds like this would make an exciting post. You may have to change the names to protect the guilty. 

Nov 08, 2021 06:20 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

I totally agree with you about the importance of writing into a contract what you want to remain.  Often buyers think items that are "personal" property are "real" property.  And, that misconception can create havoc in a sale.  I remember one transaction I had.  The seller took a decorative outdoor lighthouse, which was about 6 feet tall, with them when they moved out prior to close of escrow.  The buyer threatened to wobble the deal.  It took a small commissionectomy on the part of the selling agent and myself, to smooth the edges.

Nov 08, 2021 10:09 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

CONGRATULATIONS Margaret, on having this blog FEATURED in the Old Farts Club group!  

Nov 08, 2021 10:09 PM
Elyse Berman, PA
Best Connections Realty, Inc. - Boca Raton, FL
Boca Raton FL (561) 716-7824 CRS, ABR, GRI,ePR

So true Margaret Rome Baltimore 410-530-2400 .  I loved your story about the dog who bonded with the buyer's son.  Gave me goosebumps.

It's always better to spell it out in the contract.  It makes for a lot less headaches later on.

Nov 09, 2021 03:00 AM
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Hello Margaret - In writing and those terms "agreed to" by all involved parties.  

Nov 09, 2021 03:26 AM
Kat Palmiotti
406-270-3667, kat@thehousekat.com, Broker, eXp Realty - Kalispell, MT
Helping your Montana dreams take root

You are right - whatever needs to be included or excluded has got to be part of the contract!

Nov 09, 2021 05:31 AM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Myrl Jeffcoat WOW, a six-foot lighthouse could have been addressed in the contract.  So sorry that happened.

Nov 09, 2021 09:18 AM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Thanks for the feature in OFC, Myrl Jeffcoat! Much appreciated!

Nov 09, 2021 09:19 AM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Elyse Berman, PA , I knew you would appreciate this story. I was thinking about you when I posted. With all your pet-friendly deals, have you ever written a pet into an offer? 

Nov 09, 2021 09:22 AM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Michael Jacobs Those are the right words. Just remember to use them.

Nov 09, 2021 09:24 AM