But I Thought That Came With The House!

By
Real Estate Broker Owner with Crescent City Living LLC

There is nothing more disheartening to a home buyer or seller than to have a dispute arise right before closing about what is actually included in the sale of a house. Usually, this comes up during the final walk through when the buyer discovers that an item they thought was part of the contract has been removed by the seller.

Most sellers are not trying to be underhanded when they move out of a home, but often they don’t realize what is actually in the Louisiana purchase agreement that the buyer expects to find when they take possession of their new house.

Purchase agreement inclusions

While you can review that entire portion of the purchase agreement above, let’s go a little more in-depth about items that seem to cause the most disputes between buyers and sellers and lead to hard feelings at the closing table.

Installed speakers or sound systems

More than once, I have had a seller remove speakers that were wired into a wall or ceiling without realizing that they were violating the terms of the purchase agreement. If you have built-in speakers in your home (including outdoor speakers) that you don’t plan to make a part of the sale, it’s important to be sure that your contract specifically excludes those items.

The same goes for any built-in surround sound system or stereo systems. Adding a couple of lines of clarification to the purchase agreement can keep this from becoming an issue. Even better, be sure that your agent knows up front what is/is not included in the sale so it can be addressed in your property disclosure that the buyer must read and sign.

washing machine

All installed appliances

Even if an appliance is not advertised in the MLS as being included in the sale, if a dispute arises a mediator will be forced to stand by what is in the executed contract between the buyer or seller. Don’t leave any room for misinterpretation! Exclude the washer and dryer that are going to your new home and be sure you remember to address not only the refrigerator in the kitchen, but that extra refrigerator or freezer that’s hanging out in the garage as well.

Ceiling fans

I know…who takes a ceiling fan? People do it all of the time. If a particular ceiling fan is not included in the sale, my advice is always to remove and replace it before the house goes on the market. Don’t let a squabble over such an inexpensive item derail your closing at the last minute.

Lighting fixtures and bathroom mirrors

Just like ceiling fans, these are attached items that are part of the property sale. Again, if you plan to take Aunt Martha’s crystal chandelier with you when you move, it’s better to replace it before the first buyer ever walks through the door. Too many times, people will dig in their heels over a lighting fixture or a mirror that is just perfect for the bathroom and end up in a nasty argument over who it belongs to. If it was not excluded in the contract, a seller will be forced to either return the item or pay the buyer for replacement. Believe me, you would much rather replace that light fixture ahead of time than get stuck trying to negotiate a fair value right before the closing.

 

curtainsAll window coverings, blinds and associated hardware

I make it a habit to go over window coverings with all of my sellers in detail because these seem to be the things that cause the most trouble for people. Unless you have specifically excluded them, every curtain, blind, shade, rod, shutter and valence is assumed to be a part of the sale.

Plan on taking those custom curtains that match your bedspread? It needs to be in the contract. Can’t live without those curtain rods with the fleur-de-lis finials on them? Change those rods before the house goes on the market to avoid any misunderstandings caused by doing it right before you move.

What about items not listed in the contract?

Buyers should be aware that if there are any other items they want to include in the sale, it must be part of the contract. Don’t be surprised when the patio furniture, the BBQ grill, the potted plants and porch swing are gone if you have not negotiated that into your purchase from the seller.

Every item that causes a deviation from the standard contract language needs to be addressed – no matter how small or seemingly insignificant.

Remember, in a real estate sale if it’s not in writing, it’s not real!

 

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Terri and Lisa | The West Bank Living Team For more information about home buying or selling on the West Bank of New Orleans, or relocating to or from NAS JRB New Orleans, please contact the West Bank Living Team. It would be our pleasure to have the opportunity to assist you with any of your real estate needs and have a little fun while doing it!

Originally published at West Bank Living

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Re-Bloggged 4 times:

Re-Blogged By Re-Blogged At
  1. Jane Peters 05/14/2010 12:28 AM
  2. Michelle Minch 05/15/2010 03:09 PM
  3. Mary Kay Hopkins 05/24/2010 08:42 AM
  4. Kathryn Maguire 05/24/2010 08:44 AM
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Topic:
Home Buying
Location:
Louisiana Orleans Parish New Orleans
Groups:
1st Time Buyers
Advice for Buyers
Louisiana Lagniappe
Louisiana Real Estate
Tags:
home buying tips
west bank living
new orleans west bank real estate
louisiana purchase agreements

Comments 27 New Comment

Rainmaker
151,411
Amanda Hall
Real Estate Broker - Fort Worth Texas
DFW Living

Well done, Lisa!  I'm your biggest fan and you know it.  :)

I'm re-blogging this too...I can add a little Texas twang and it will make plenty of sense here.  I have written on this topic many times and ended up deleting it all because I couldn't make the words fit on the page like they do in my brain.

T H A N K    Y O U!

May 19, 2010 09:20 PM
Rainmaker
364,097
Lisa Heindel
New Orleans Real Estate Broker
Crescent City Living LLC

Hi Mandy :)

May 19, 2010 11:00 PM
Ambassador
534,558
Frank Rubi
Homes for Sale Metairie, La.
Frank Rubi Real Estate, LLC.

Lisa, good topic how often is a mirror missing that should have not been removed. Get it in writing.

May 23, 2010 03:36 PM
Rainmaker
136,616
Mary Kay Hopkins
e-PRO,GRI,CRS
Mary Kay Hopkins, LLC e-PRO, GRI, CRS, CRB

Lisa, thanks for this VERY important and critical topic.  A definite reblog.

May 24, 2010 08:24 AM
Rainmaker
918,213
Georgie Hunter
Maui Real Estate sales and lifestyle info
Hawai'i Life Real Estate Brokers

Boy this is sure a good topic!  How many times have we had to smooth feathers over speakers and stereo equipment?

May 25, 2010 01:24 AM
Rainmaker
364,097

Lisa Heindel

New Orleans Real Estate Broker
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