Taking Everything But the Kitchen Sink!
Your excitement is boundless as you walk through your new home a few days before closing. Good feelings quickly turn sour though as you discover that the beautiful, antique chandelier you fell in love with has vanished.
Now imagine you're the seller. You're feeling sentimental at the thought of leaving your home of so many years. You’re getting ready to move and are carefully packing up the chandelier your grandmother passed on to you when you receive an irate call from the buyers who are livid that it’s been removed!
Unfortunately this scenario plays out all too often because the importance of addressing fixtures early on in the real estate process is often overlooked. Real estate law isn’t always black and white in terms of what stays and what goes so if you’re planning on selling your home, you’ll want to make a list in advance of what you’re including and excluding.
A fixture is usually something that’s attached to the building in such a way that buyers will assume it's included such as light fixtures, ceiling fans and doorknobs. Personal items (often referred to as chattels) are items such as potted plants, hanging mirrors and artwork. Window coverings can be a murky area but curtain rods are usually considered fixtures while the actual curtains are not.
If a fixture has sentimental value, it’s best to remove it before the showing process rather than writing it into the exclusions. If a seller doesn’t know it’s there then they won’t miss it. If they see it during the showing, chances are they’ll fall in love with it and will be annoyed to discover later on that it’s not included with the home.
If you're taking a fixture with you but don’t want to take it down before you move, you must clearly state it in writing. If you’re a buyer, make sure you read the listing carefully and ask your real estate agent for assistance if something’s not clear. Some non-fixtures are negotiable, for example appliances are often written into a contract to make the home more attractive to first time buyers.
Ensure you proactively detail your exclusions (as well as inclusions) as soon as you put your home on the market in order to avoid upset buyers and unnecessary legal fees. Whether you’re selling or buying, you’ll want a smooth transaction where both parties have ownership over what they expected and are happy with the outcome.
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