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Old 01-27-2008, 12:50 PM
 
Location: Salem, OR
15,539 posts, read 40,313,582 times
Reputation: 17422

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A chandalier is a fixture and is included in the sale of the home, unless EXCLUDED by the seller. In Oregon you would be out of luck on that.

Window coverings stay, window treatments can go. A window treament is purely decorative and does not function to provide privacy (like a valance or swag). They usually match the decor of the furniture. Those you can take with you. A window covering, (blinds, and curtains) need to stay. Anything planted in the garden unless tagged is expected to stay. I have people all of the time that are avid gardeners who plant special roses and we tag them prior to sale and state in the offer that tagged plants go.

In Oregon you would have a tough battle. Most people are reasonable though. If you have a sentimental chandalier, I would contact the buyer's agent and tell them the situation (that you did not realize it was considered a fixture). Offer to give a lighting credit so the buyers can go get what they want. Also talk with them about the window treatments and garden issues as well.
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Old 01-27-2008, 03:26 PM
 
Location: Palm Coast, Fl
2,249 posts, read 8,884,430 times
Reputation: 1009
Quote:
window treatments can go.
Unless, as with our contracts down here, it's stated that window treatments stay. It all depends on how the contract is worded.
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Old 01-28-2008, 05:19 PM
 
Location: Columbia, MD
553 posts, read 1,703,869 times
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All, thanks for all the good advice.

As it turns out, in my state, it's mine to take or leave provided I leave something comparable or functional in its place. It's the buyers responsibility to spell out everything they want included vs. the seller needing to lay out exclusions. This was the opinion of several agents I asked independently, some of which would tell me if I was about to do something to get myself in trouble.
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Old 01-28-2008, 06:55 PM
 
Location: Nashville, TN
1,177 posts, read 4,149,170 times
Reputation: 945
Quote:
Originally Posted by trickymost View Post
All, thanks for all the good advice.

As it turns out, in my state, it's mine to take or leave provided I leave something comparable or functional in its place. It's the buyers responsibility to spell out everything they want included vs. the seller needing to lay out exclusions. This was the opinion of several agents I asked independently, some of which would tell me if I was about to do something to get myself in trouble.
Tricky, if I were you I would get this recommendation in writing and have a copy of whatever legal document your state uses that says that you can take that chandelier or anything else that was attached or planted. I'm not saying your state or documents doesn't allow this I've just never heard of it. Using the rationale you just gave, if the buyer didn't specify toilets, sinks, hardware, etc. then you could just take these and replace them with cheaper items.
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