Oops, It Looks Like the Buyer's Agent Made Another Mistake

By
Real Estate Agent with Benchmark Realty, LLC (615) 495-0752 or www.TWRealtyGroup.net TN License #315195

Oops, It Looks Like the Buyer's Agent Made Another Mistake

A couple of weeks ago, I wrote a post entitled, Is Your Buyer's Agent Qualified to Represent You?. This is an addendum to that post.

On Saturday, while out showing properties, I got a text from the above referenced agent. It read:

refrigeratorBuyer's Agent: They took the refrigerator!

Me: That's right, it wasn't in the contract.

Buyer's Agent: All appliances were suppose to stay unless otherwise stated, and they didn't specify that it wouldn't stay. So what do we do about it?

Me: No, the listing did not say all appliances stay.

Buyer's Agent: It didn't say that the refrigerator didn't stay and normally when a refrigerator doesn't stay, it specifically says that and nothing said anything about the refrigerator not staying.

Me: The MLS listing did not have the refrigerator listed as staying.

Appliances are considered personal property. Personal property does not stay unless it is permanently affixed in someway to the home.

Appliances that commonly convey with a home in Tennessee are the stove, dishwasher and microwave. The refrigerator, washer and dryer do not stay, unless, specifically mentioned in the MLS listing.

 

Oops, it looks like the buyer's agent made another mistakeThe listing stated that the stove and dishwasher were staying. The refrigerator, however, was not listed. Oops, it looks like the buyer's agent made another mistake.

 Normally, this would have been caught during the final walk-through. Unfortunately, the buyer never had a final walk-through. Why? Because his agent waived it.

This buyer had requested a quick closing in his offer because his interest rate was set to expire on 1/31/2012. That meant the seller only had 13 days to move. The seller was unable to move in that time frame. The buyer granted the seller an additional 10 days in their offer in order for the seller to move.

The day before the closing, I contacted the buyer's agent to schedule the final walk-through. She stated her client wouldn't be doing a final walk-through since he wasn't moving in for 10 days. Essentially, he waived his right to a final walk-through.

Had they performed the final walk-through, the buyer would have caught that the refrigerator was not staying. Oops, it looks like the buyer's agent made another mistake.

I'm not sure what happened in this particular case. However, if I were the buyer, I would have insisted the buyer's agent buy me a new refrigerator. Why? Because she had not looked at the MLS listing properly and had told the buyer it was staying. It was her mistake and, therefore, she should have made good on it.

Buyers, make sure you have an agent who knows how to submit an offer properly and read a MLS listing so this doesn't happen to you. Otherwise, you might find yourself saying:

Oops, it looks like the buyer's agent made another mistake.

P.S. If you are looking for a buyer's agent who actually knows what they're doing, give Tammie White a call today at (615) 495-0752.

Posted by
************************************************************************************ 
 
Tammie White, REALTOR®
TW Realty Group
Benchmark Realty LLC
318 Seaboard Lane
Franklin TN 37067
(615) 495-0752 Direct
Email: Tammie@TWRealtyGroup.net
 
 
This posting with the content written here and photographs displayed are the intellectual property and opinions of Tammie White of Benchmark Realty LLC. Any party who uses this material without the permission of Tammie White is subject to copyright infringement and possible lawsuit.
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Re-Blogged 9 times:

Re-Blogged By Re-Blogged At
  1. Cindy Edwards 02/14/2012 08:01 AM
  2. Marnie Matarese 02/14/2012 08:05 AM
  3. Laurie Clark CRB Angel Realty LLC Your Monument Realtor 719-502-6572 02/14/2012 06:34 PM
  4. Ron Cooks 02/15/2012 04:09 AM
  5. Jim McCormack 02/15/2012 11:54 AM
  6. Ken Austin 02/16/2012 05:22 PM
  7. Dana Smithers 02/20/2012 11:25 AM
  8. Winston Heverly 03/26/2012 08:03 PM
  9. Ginger Harper 12/28/2012 01:35 PM
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Show All Comments
Rainmaker
237,298
Kim & Kristine Halverson
www.KimAndKristine.com, Santa Monica Real Estate :) - Santa Monica, CA
Realtors, Santa Monica Real Estate, CA

That poor buyer!  I wonder if they even knew about the mistakes?  Kristine

February 28, 2012 08:51 PM #240
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Tammie White
Benchmark Realty, LLC (615) 495-0752 or www.TWRealtyGroup.net - Franklin, TN
TW Realty Group, Franklin TN, South of Nashville

Kristine - I suspect not.

February 28, 2012 09:27 PM #241
Rainmaker
277,216
Kasey & John Boles - Jon Gosche Real Estate
Jon Gosche Real Estate, Boise ID - Boise, ID
Boise, Meridian, Ada/Canyon/Gem/Boise Counties

Wow, 244 comments and I'm just getting around to it.  I read your first post, and this post is great too.  We are exactly the same as far as appliances go here in the Boise area. -Kasey

March 05, 2012 10:43 PM #242
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Tammie White
Benchmark Realty, LLC (615) 495-0752 or www.TWRealtyGroup.net - Franklin, TN
TW Realty Group, Franklin TN, South of Nashville

Kasey - Thanks for taking the time to stop by. I know this appliance thing can be confusing sometimes.

March 06, 2012 02:32 PM #243
Rainmaker
261,430
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

We have to specify on the contract what personal property will stay. I missed a window air conditioner once. That won't happen again!

October 23, 2012 02:23 PM #244
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Tammie White
Benchmark Realty, LLC (615) 495-0752 or www.TWRealtyGroup.net - Franklin, TN
TW Realty Group, Franklin TN, South of Nashville

Wayne - I always ask for the refrigerator. It's easier than having to buy one later.

October 23, 2012 03:17 PM #245
Rainmaker
128,281
Matt Robinson
Professional Investors Guild - Pensacola, FL
www.professionalinvestorsguild.com
Oh, you are so right, and this is such a huge problem because the barrier of entry to real estate is so low. I get contracts all the time where I have to correct half of it because it's so poorly written. I received one the other day where the buyer agent had the buyer make the escrow check out to MY office....we don't even have an escrow account and use title agents. Never a dull day in this business thanks to incompetent buyers agents.
October 24, 2012 09:52 AM #246
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Tammie White
Benchmark Realty, LLC (615) 495-0752 or www.TWRealtyGroup.net - Franklin, TN
TW Realty Group, Franklin TN, South of Nashville

Matt - I was pretty harsh on this agent but she had made several mistakes that I had already covered for her. I wasn't about to suggest that my client buy her client a refrigerator because of the buyer's agent's mistake.

October 24, 2012 10:09 AM #247
Rainmaker
1,267,262
Carla Muss-Jacobs, Principal Broker/Owner
BuyersAgentPortland.com | (503) 810-7192 Portland Metro Exclusive Buyers Agent | 100% Buyer Representation ~ 100% o... - Portland, OR
Buyer Focused ~ Buyer Results

I  can see why this post made it to the AR top commented posts in 2012.  Yup, personal property and if the buyer's agent needed try to negotiate that (with no value) then they're SOL.  Too bad for their clients.

December 28, 2012 01:00 PM #248
Ambassador
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Tammie White
Benchmark Realty, LLC (615) 495-0752 or www.TWRealtyGroup.net - Franklin, TN
TW Realty Group, Franklin TN, South of Nashville

Carla - She wasn't a new agent. I was surprised this even came up.

December 28, 2012 01:06 PM #249
Rainmaker
570,170
Hella Mitschke Rothwell
(808) 226-1095 or (831) 626-4000
Hawaii & California Real Estate Broker

Tammie: I always include on the offer all the appliances I want to convey with the property. I don't assume they will. Excellent reminder.

December 28, 2012 01:17 PM #250
Rainmaker
540,148
Ginger Harper
Coldwell Banker Sea Coast Advantage - Southport, NC
Your Southport~Oak Island Agent!

Wow...WE have to be so very careful. Some agents just don't know the rules and if they do...they do not always follow them. WE certainly do not try to trick anyone..but reading what is offered and putting that into the contract will save a lot of headaches..

December 28, 2012 01:36 PM #251
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Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News
Tammie we also have in our contract a checklist of items that convey that is signed by all parties. It's another chance to make sure everyone is on the same page.
December 28, 2012 01:44 PM #252
Rainmaker
47,652
Kelvi Cunningham
G&A Real Estate, Inc. - Manhattan, KS

No matter if I am acting as a buyers agent or a sellers agent, I require that some type of a final walk-through be conducted and an acceptance form signed. If the buyer insists on waiving the walk-through, then I still require an acceptance form signed that includes a waiver clause which removes myself and my clients from responsibiltiy for issues just like you described in your post. It's unfortunate when mistakes like this are made and it's tough to do a good job for yourself and also be looking over the cooperating agent's shoulder to help try to prevent these types of mistakes.

Great post and congratulations on making the top 10 most commented on list for 2012.

December 28, 2012 03:11 PM #253
Rainmaker
973,783
Sharon Alters
Coldwell Banker Vanguard Realty - Fleming Island, FL
Your Fleming Island Relocation Agents.

Tammie, sounds like the agent - if not a new agent - was grasping at straws to not have to buy a refrigerator for the buyer. Congrats on one of the Top 10 most commented posts for 2012!

Sharon

December 28, 2012 07:10 PM #254
Ambassador
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Tammie White
Benchmark Realty, LLC (615) 495-0752 or www.TWRealtyGroup.net - Franklin, TN
TW Realty Group, Franklin TN, South of Nashville

Hella - That makes two of us.

Ginger - So true.

Cindy - Good idea.

Kelvi - It's my job to look out for my client's best interest, not the buyer's best interest.

Sharon - Thanks.

December 28, 2012 07:32 PM #255
Rainmaker
474,681
Sarah Oswald
Eastvale Team Realty & Property Mgmt - Corona, CA
Broker, Realtor, CDPE, CIAS, SFR , Investor

Tammie - I do hope the buyer's agent bought a refrigerator or compensated the buyers for the mistake. Congratulations for writing one of the blog with the most comments for 2012.

December 28, 2012 08:37 PM #256
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Tammie White
Benchmark Realty, LLC (615) 495-0752 or www.TWRealtyGroup.net - Franklin, TN
TW Realty Group, Franklin TN, South of Nashville

Sarah & Les - So do I.

December 28, 2012 09:25 PM #257
Rainmaker
319,811
Inna Ivchenko
Mannis Real Estate Group - Calabasas, CA
Los Angeles / Valley Homes

Here in Cali, in our RPA-CA we have a special line for included/excluded items and you must check specifically  if you expect that fridge to stay or go. Also, I'd never wave a final walk through~ this is the must, sellers offen take too much when they leave, usually explaining' oh, the movers did that by mistake'.

December 30, 2012 04:52 PM #258
Ambassador
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Tammie White
Benchmark Realty, LLC (615) 495-0752 or www.TWRealtyGroup.net - Franklin, TN
TW Realty Group, Franklin TN, South of Nashville

Inna - That is good for the buyers but the agents should know from the MLS listing which appliances go. Here it is customary for everything to stay except the fridge.

December 30, 2012 05:27 PM #259
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