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Old 07-21-2011, 08:53 AM
 
1,472 posts, read 2,631,511 times
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We are in the early stages waiting for a bank approval of our offer.
The homeowners are NOT leaving the stove.
Is this common?
FWIW, the home is in mint condition, this is NOT a hostile sale.
I guess the h/o just want their stove?
(AND the fridge, AND the w/d)

The listing agent for the h/o sound a bit miffed if you ask me. He said something like 'the homeowners were surprised you questioned the stove...'
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Old 07-21-2011, 08:57 AM
 
Location: Lake Mary, Florida
793 posts, read 2,525,692 times
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Was the home listed in the MLS, if so what was stated about the appliances also what is stated in the contract?

Hope this helps,
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Old 07-21-2011, 08:59 AM
 
Location: Cary, NC
43,315 posts, read 77,154,614 times
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Contract, contract, contract.
What does it say about fixtures and personal property?
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Old 07-21-2011, 09:53 AM
 
Location: Tempe, Arizona
4,511 posts, read 13,584,784 times
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Quote:
Originally Posted by MikeJaquish View Post
Contract, contract, contract.
What does it say about fixtures and personal property?
Yep, that's the final word. Our contract would require the stove to remain unless negotiated and stated otherwise.
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Old 07-21-2011, 09:56 AM
 
Location: Tempe, Arizona
4,511 posts, read 13,584,784 times
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Quote:
Originally Posted by twowolves View Post
...The listing agent for the h/o sound a bit miffed if you ask me. He said something like 'the homeowners were surprised you questioned the stove...'
If the contract allowes the stove to be taken, then I can understand his comment, otherwise, he needs to go back to contracts 101.
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Old 07-21-2011, 12:52 PM
 
9,727 posts, read 9,733,310 times
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If this is a short-sale the bank may REQUIRE the appliances to remain if they were financed as part of the mortgage. In my shortsale the bank is requiring me to forfeit money in my escrow account and any refund for homeowners insurance.
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Old 07-21-2011, 01:20 PM
 
1,472 posts, read 2,631,511 times
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Quote:
Originally Posted by rjrcm View Post
If the contract allowes the stove to be taken, then I can understand his comment, otherwise, he needs to go back to contracts 101.
We all signed the contract on 07/12. It went to the bank that day. There was NO sellers disclosure attached. No amendment.

The initial listing that we saw the home for the 1st time on, did, under 'appliances' have only the micro, dishwasher and gas water heater listed.

When my realtor inquired on 07/16, on that same day, the listing agent had the seller complete a sellers disclosure w/micro and d/w checked, however I don't see a water heater choice on here. Anyway, the sellers disclosure was not attached to our initial contract.

Is/was it supposed to be? And now, do we have to sign it? Did the listing agent make an error in doing this now? And not at the time of contract?

Thanks.
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Old 07-21-2011, 02:09 PM
 
416 posts, read 637,796 times
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agree with earlier posters...if you buy a house and want something in it (curtains, other window coverings, appliances, tools [ie. pool equipment for example], etc, etc) you need to negotiate for it. otherwise it belongs to the seller and the can do with it what they please....
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Old 07-21-2011, 02:11 PM
 
Location: Boise, ID
8,046 posts, read 28,486,679 times
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Quote:
Originally Posted by twowolves View Post
We all signed the contract on 07/12. It went to the bank that day. There was NO sellers disclosure attached. No amendment.

The initial listing that we saw the home for the 1st time on, did, under 'appliances' have only the micro, dishwasher and gas water heater listed.

When my realtor inquired on 07/16, on that same day, the listing agent had the seller complete a sellers disclosure w/micro and d/w checked, however I don't see a water heater choice on here. Anyway, the sellers disclosure was not attached to our initial contract.

Is/was it supposed to be? And now, do we have to sign it? Did the listing agent make an error in doing this now? And not at the time of contract?

Thanks.
Again, what does the contract say about timelines for property disclosures? Ours has a box where you mark if the buyer has seen it yet or not (usually "not") and the seller has 10 calendar days after signing of the contract to provide it.

I would say that since the stove wasn't listed in the listing as being included, they are probably correct to take it (assuming it isn't a built-in).

Oh, and it is totally normal, at least in my area, for fridge and washer/dryer not to be left. Those are usually considered personal property, and are expected to go with the seller. Ranges are usually left here, but I don't know why that is, since if they are freestanding, they are no more attached to the house than the fridge is. Why the fridge is considered personal property and the range is considered real property, I don't know.

Personally, I think if it just attaches to the house with a plug (and maybe a hose, like a gas line, water line, or vent pipe), it is personal property, and the seller has the right to take it.
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Old 07-21-2011, 02:19 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,584,784 times
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Quote:
Originally Posted by twowolves View Post
...The initial listing that we saw the home for the 1st time on, did, under 'appliances' have only the micro, dishwasher and gas water heater listed. ...
Quote:
Originally Posted by davehalo View Post
agree with earlier posters...if you buy a house and want something in it (curtains, other window coverings, appliances, tools [ie. pool equipment for example], etc, etc) you need to negotiate for it. otherwise it belongs to the seller and the can do with it what they please....
Quote:
Originally Posted by Lacerta View Post
...I would say that since the stove wasn't listed in the listing as being included, they are probably correct to take it (assuming it isn't a built-in)....
Again, it does not matter what the listing says or what tradition is. Also, an absence of negotiation does not matter if it's still in the contract. Only the contract matters (the listing is not part of the contract). Read your contract to find out what it says about appliances and what is required to stay.

You do have a copy of your contract, right?
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