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Old 04-06-2013, 08:00 PM
 
156 posts, read 317,814 times
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We are selling our house but in the contract is stating that we have to leave anything that attached to the house. We understand that we should leave the blinds but do we have to leave the curtains as well?

What about the shelves we attached in the garage to organize our garage? We have to leave it as well???

I really don't understand it.

Please help.

Thank you,
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Old 04-06-2013, 08:25 PM
 
13,131 posts, read 20,972,911 times
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Speal to your agent and ask them what it means as it varies region to region. It may mean everything attached to the building but usualy means anything now considered a fixture to the building.
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Old 04-06-2013, 08:41 PM
 
5,696 posts, read 19,138,288 times
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I agree, speak with your realtor. I have sold several homes and basically what it meant for me was anything was that was screwed down had to stay. Window treatments could be taken down but the hardware had to remain, shelving and so forth also had to stay. When I bought my last house I was pretty ticked off. The sellers were young and it was their first time selling. They were unbelievably bratty. sigh. Anyway, they stripped the house. Even took things that were in our contract. So we had a mini war at our walk through before closing. They had to replace some of the items. The shelving I didnt even notice was missing until we started moving in and I had quarter sized holes in the walls where they took the stuff down.
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Old 04-06-2013, 08:54 PM
 
Location: Johns Creek, GA
17,472 posts, read 66,010,995 times
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Look at it this way-
Everything is negotiable! You can stipulate what is not staying and/or replace it now with something comparable. Or, it can be a negotiable item.

It can be a slippery-slope because it can help and hurt a sale. Definitely speak with your listing agent about it.
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Old 04-06-2013, 09:38 PM
 
516 posts, read 1,075,391 times
Reputation: 867
When I purchased our home I contacted the sellers RE and asked if the seller would leave the window treatments for a price, the answer was NO she wanted them. Ok, they were not that nice anyway I just wanted something on the windows on move in day.

Come to find out the seller was going to a 55 plus commuinty, no way would anything she took fit so the just thru away anything I would have paid. She did leave the ceiling fans, she could have picked them up at the curb on trash day as I took them down the first week.
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Old 04-06-2013, 09:50 PM
 
Location: Out there somewhere...a traveling man.
44,620 posts, read 61,584,987 times
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Generally in our area everything that is bolted down, screwed on, attached to the house stays once the buyer see it. That is the reason they are buying, in most cases, because they like what they see. If you're concerned about something you want to keep for yourself when you move out, like our realtors say take it down and hide it before you list the house for sale.
And if you take it down don't forget to patch up the holes or the new buyer will be asking more questions or making more demands.
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Old 04-06-2013, 10:03 PM
 
Location: Central Texas
20,958 posts, read 45,387,627 times
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It's for just reasons like this that in Texas it's spelled out in the promulgated contract:

"IMPROVEMENTS: The house, garage and all other fixtures and improvements attached to the
above-described real property, including without limitation, the following permanently
installed and built-in items, if any: all equipment and appliances, valances, screens,
shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes,
television antennas and satellite dish system and equipment, mounts and brackets for
televisions and speakers, heating and air-conditioning units, security and fire detection
equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener system, kitchen
equipment, garage door openers, cleaning equipment, shrubbery, landscaping, outdoor
cooking equipment, and all other property owned by Seller and attached to the above
described real property.
C. ACCESSORIES: The following described related accessories, if any: window air conditioning
units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods,
door keys, mailbox keys, above ground pool, swimming pool equipment and maintenance
accessories, artificial fireplace logs, and controls for: (i) satellite dish systems, (ii) garage
doors, (iii) entry gates, and (iv) other improvements and accessories."

As you can see, pretty much everything attached in any way is considered to be part of the property being conveyed. Rule of thumb is, if it would leave a hole to remove it, it conveys.
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Old 04-06-2013, 10:41 PM
 
Location: NC
502 posts, read 895,825 times
Reputation: 1131
In NC you can add into the contract something like, "curtains in master bedroom do not convey". Most people aren't going to care, especially if they appear to be part of a set - ie: matching the bed spread. Generally, as long as buyers know in advance (I would also add this to the MLS listing in agent only remarks), they are understanding.
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Old 04-06-2013, 11:17 PM
 
43,011 posts, read 108,013,252 times
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This reminds me of my friend's divorce.

He told his ex she could take anything she wanted from the house. She could have it all--furniture, appliances, etc.

He returns after she moved to discover she took all of the light fixtures off the walls and ceilings, even the interior French doors.

He was surprised she left the toilets.
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Old 04-07-2013, 07:12 AM
 
10,611 posts, read 12,118,283 times
Reputation: 16779
Also, if you're selling and can't remove what you want to take with you before you start the showings just mark what you want to take "does not convey." And of course have it listed in the listing notice you realtor prints out for open houses, etc.

What conveys' and what doesn't doesn't HAVE to be a major issue. It's a fairly run of the mill thing. As these posts show it just depends. IF you DON'T want issues -- whether selling or buying -- don't assume anything and be as clear as possible....just ask.

Where I live most people leave the appliances. Some places they don't, or maybe this particular move they need to take them...ASK to be sure or put in the listing appliances will convey. Suppose there's a book case that 'looks' built in' but it isn't -- be clear about whether that's staying or going. It really is about communication.

The one thing I will say about this conveyance issue -- better to be clear from the start. Because once a buyer sees something and likes it, and THINKS it's included, then in their head even thought that's not a major part of the house at it...in their mind it can become "part of the reason I like the house." So now they get perturbed and the entire attitude can change. So IF your a seller and taking something with you be clear about that from the start. I've seen something as simple as a stickie on a chandelier "does not convey" that did the job.
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