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Mr. Seller March the Window Coverings Back to the House!

By
Real Estate Broker/Owner with KD Realty - 408.972.1822 CA DRE#01366594

The Scenario:  Several years ago, one of my short-sale clients was ready to purchase a home again. Client loyalty is priceless. 

After getting them preapproved for a loan to purchase, we discussed their needs and wants, an MLS search was set up, and we began the process of showing homes.

California is not an attorney state.  In my county, we work with a title company and an escrow officer at the title company.  In other words, title and escrow are the same company. In Santa Clara County, the area I serve, the seller chooses the title company.  Typically, not always the case, a buyer's loan funds on one day and the deed will record the following morning.  This is relevant regarding what happened.

Parties Involved: My clients (husband and wife), occasionally their daughter, their real estate agent (that would be me), and an endless list of sellers and their listing agents.  Many of the agents were masquerading as professionals in the real estate business. 

What Happened: We spent nearly every weekend for several months looking at homes. A lot of homes. Before writing offers, I reviewed the seller disclosures, if they were available. Offers were written and not accepted. We continued the journey of looking at homes as they were newly listed.  More seller disclosures were reviewed. More offers were written. 

I knew before we walked into one particular home they would love it. Why? Because it was so much like the home they sold short. I was not sure they would like the area. As with most buyers, the price was a factor.  The location may not have been that great but the home was, and it did fit their budget. 

Sure enough, as we entered the home I could see they loved it.  They wrote an offer, and it was accepted.  YES!

The escrow process went smoothly.  The buyers and I completed a final walk-through to ensure the property was in the same condition as it was when the offer was made.  It was.

The buyers' loan was funded, and we waited for confirmation from the title company that the deed was recorded and the buyers can take possession.

After we received notification that the buyers are now the legal title holders, I met my clients at the home to give them the keys.

 

THE SELLER REMOVED ALL OF THE WINDOW COVERINGS AFTER WE COMPLETED THE FINAL WALK-THROUGH THE EVENING BEFORE.

 

My clients were crushed. They were moving the following day. Not only was it not in their budget to buy new window coverings, but they also did not have time to resource them and would have zero privacy without them.

At this point, my job, my role, and my fiduciary duties were filled.  However, my moral obligation to my clients was not.  There was no way on God’s green earth I was not going to do everything in my power to get the window coverings back.

How the Issue was Resolved: There is a lot I cannot share here for reasons pertaining to privacy and client confidentiality. 

Disclaimer:  I am not an attorney nor do I pretend to be one at any time in any real estate transaction.

That said, I have 15 years of paralegal experience.  Escrow was closed. My role as their agent was complete.  This was confirmed with my risk management attorney.

Did I mention that some of the agents were masquerading as real estate professionals?  During the escrow process, the seller was openly copied on some of the emails. I had the seller’s email.

I wrote the seller an email demanding that the window coverings be returned by 5:00 pm that day.  The instructions were clear. The window coverings were to be in the same condition as they were when they were removed, placed in a plastic bag to protect them, and placed in the storage container on the front porch.

The seller was advised of the steps that would be taken if the window coverings were not returned by 5:00 pm.

The new owners got THEIR window coverings back.

Before 5:00 pm. Exactly as Instructed. 

 

This is my second entry in the March to a Solution Challenge.

 

 

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I specialize in probate real estate.
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Real Estate Specialist
my focus is on helping Executors and Administrators
avoid headaches
before they start.

“From the moment we met Kathleen, we were impressed with her professionalism, knowledge, patience, respect, humor, attention to detail, and compassion.  She's the Whole Package ~ excellent agent and wonderful human being!  In a potentially stressful experience, we have felt in good hands all along.  We are so grateful and recommend her without hesitation!”

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Comments(17)

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This made me laugh.  I had a short sale in which the seller took the curtains in the basement before closing and the buyer was very upset.  I suggested that the seller was very distressed at having to do a short sale and that she should just let us slide because she was getting a great house a great deal and my seller was very stressed.  happily she let us go. 

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Good for you Kathleen Daniels, Probate & Trust Specialist ! Our contracts clearly state the window coverings and rods will convey! Some sellers are underhanded and you have to call them on it!

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Kathleen Daniels, Probate & Trust Specialist - I loved how you described the scene, what happened before and after closing, and how you came up with a solution that worked!

Oh, the dreaded drapes. I have had similar stories but my endings were not as good as yours. Thank you for this great entry for everyone to learn, we do whatever it takes PROFESSIONALLY to get cooperation and success for the benefit of our clients.

Well done!

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Kudos to you! I'll bet your buyers were very happy!

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Hello Kathleen - the purchase agreement contains the details of a real estate transaction in our state as you know.    Understanding what goes on inside the head of another who decides to do "this" or "that" is another discussion - perhaps held by a professional in their field.  

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Good morning Kathleen. Sometimes when you have completed the job, the job is not done. Kudos to you for stepping up! And so glad it worked out. Enjoy your day.

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Good morning, Kathleen... great story. Fortunately, the NC contracts are very, very, very specific about what stays and what doesn't and if it doesn't, you need to write it into the contract. At that point, if something "disappears," seller is in breach of contract.  As we are an attorney state in NC and SC, if this had happened, the settlement attorney would have gotten involved quickly.

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Hi Kathleen,
It's amazing what people do AFTER the Final Walkthrough.  Kudos to you for making it happen for the buyers.

Comments (6)

The sellers "stole" the buyers' curtains. Kudos for recovering what was theirs by contract. Your strong letter to the seller did the job of getting them returned. And you did that quickly—lucky buyers to have you in their corner.

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Kathleen several years ago I almost had a closing fall apart because the Seller removed all the outlet covers and switch covers.

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Hi Kathleen- thank goodness your buyers had YOU to go to bat for them. We've purchased homes where things were left behind but never had items removed that were supposed to be left behind. 

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I'm glad it ended well, Kathleen.  I only had a few instances where things left the property, that shouldn't have.  One was a decorative little windmill in the yard.  The buyer wanted to believe it was an attachment, when it wasn't.

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Hi Kathleen Daniels, Probate & Trust Specialist. Glad you were able to resolve that issue and got those curtains returned. Seller never should have taken them down. If they wanted to keep them, that information should have been disclosed to the buyer. 

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The very idea that the sellers thought that it would be a good idea to remove the window coverings is ridiculous. Your experience told you that they were in the wrong and you called them on it. Good for you and good results for your client. Way to go, Kathleen!

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Good for you to sort this out for them, they sure appreciated I'm sure! We are not lawyers, but we often "play one" to get our clients rights restored. Well not really since we want to keep our licenses, but it feels like we do. Luckily my Broker is an Attorney, so I just phone her and she creates the language needed to legally restore what's right. 

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Hi Kat,

Unfortunately, this is not uncommon. You handled it well.

 

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Hi Kathleen! Of course, I love the outcome to this story and see exactly how you managed to get this done! Had the agent on the other side of this transaction not shared the sellers' email, you would not have been able to reach them. What are the chances of the agent passing that info along to them, had you had to reach out directly to the agent?

I ALWAYS shake my head when agents copy their clients on emails to me. I never forget I have those emails either! 

And, I've had strong words with lenders who do that - they copy buyer clients on emails to both agents. That is one of those things that makes my head almost explode!

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