They Didn't Leave It
How many times have we heard a buyer or seller say:
"But I thought__________ would stay with the house!''
Go ahead and fill in the blank.
These words are not something any of us want to hear. This means there is some misunderstanding.
Many years ago, a buyer, after settlement, had her agent call me demanding an answer to why the stained glass panel was removed. She thought it came with the house and demanded it returned. I told her it was a personal piece of art from the seller's collection.
Not satisfied, the agent, quite vocal about the art, had her manager call me.
The item, I explained, was not part of the sale. It belonged to the seller. It hung from a hook over a side door panel and was not attached.
The buyer, the agent, and her manager suggested that an attorney be called to ensure the piece of art was returned.
I suggested we go back and take a look at the contract. Was the item mentioned? Was it made part of the inclusions?
The answer, of course, was 'no' but again, those dreaded words... "But I thought..."
Because it looked so good, the buyer felt it was part of the decor and should stay. Her manager sided with the buyer, and I was told it should have been 'excluded' from the contract.
I responded that if they wanted a piece of art, it should have been written in and negotiated at the time of the offer. After all, they didn't expect all the other hanging art to be left behind.
Hard feelings by the buyer and the agent.
The seller had already moved on, and still, someone was saying, "But I thought it was staying."
Note: if an item is desired, it must be discussed and written into the contract.
Subscribe to CommentsComment