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Old 08-23-2013, 02:07 PM
 
248 posts, read 674,161 times
Reputation: 188

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What is the best way to approach this? Lets say you just fell in love with the curtains that the seller had in the house and you want them to leave it behind. You offer to pay for them and ask your agent to inquire about them.

Agent advises against it saying that "they will just ask for a ridiculous amount and it won't be worth it. You are better off waiting until the last day and see if they leave it or not." But the problem is that you are so attached to these silly curtains that you insist the realtor still inquire for a price. Your agent just decides to ignore your requests and says lets wait it out.

Is this normal in a RE transaction? Based on my realtor's response (or lack there of) it seems like most buyers don't want anything from the sellers except whats in the contract and they either bring their own stuff and/or buy new replacements. So in my case a new set of curtains!
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Old 08-23-2013, 02:14 PM
 
Location: NJ
17,573 posts, read 46,126,539 times
Reputation: 16273
Your agent is refusing to do it? I would go directly to the sellers or their agent. That is BS.
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Old 08-23-2013, 02:21 PM
 
12,973 posts, read 15,793,565 times
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Quote:
Originally Posted by DP1987 View Post
What is the best way to approach this? Lets say you just fell in love with the curtains that the seller had in the house and you want them to leave it behind. You offer to pay for them and ask your agent to inquire about them.

Agent advises against it saying that "they will just ask for a ridiculous amount and it won't be worth it. You are better off waiting until the last day and see if they leave it or not." But the problem is that you are so attached to these silly curtains that you insist the realtor still inquire for a price. Your agent just decides to ignore your requests and says lets wait it out.

Is this normal in a RE transaction? Based on my realtor's response (or lack there of) it seems like most buyers don't want anything from the sellers except whats in the contract and they either bring their own stuff and/or buy new replacements. So in my case a new set of curtains!
It is pretty much standard. Note that window coverings are often Real Estate and should transfer with the house unless specifically excepted.

Side deals for furniture, art, appliances etc. are common. Quasi-sales are also common on short sales to get the seller a little cash.

You simply create a bill of sales outside of escrow.
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Old 08-23-2013, 02:39 PM
 
Location: Just south of Denver since 1989
11,825 posts, read 34,420,440 times
Reputation: 8970
They are called inclusions in Colorado and you add them specifically to the "personal property" section in your offer.
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Old 08-23-2013, 04:10 PM
 
12,973 posts, read 15,793,565 times
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Quote:
Originally Posted by 2bindenver View Post
They are called inclusions in Colorado and you add them specifically to the "personal property" section in your offer.
I wonder if the details are a local-ism. I would for instance expect any window coverings screwed to the walls to remain. Also fans and hanging lights. Clause in the contract covers a multitude of such things. Refrigerators however are not covered unless built in and washer drivers never.
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Old 08-23-2013, 04:20 PM
 
Location: Just south of Denver since 1989
11,825 posts, read 34,420,440 times
Reputation: 8970
Fixtures are items attached - that you would need a tool to remove.

curtains do not need a tool, they were bought and hung on curtain rods which are fixtures and are attached.

I wholeheartedly agree, real estate is local.
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Old 08-23-2013, 04:48 PM
 
Location: Inman Park (Atlanta, GA)
21,870 posts, read 15,081,029 times
Reputation: 14327
In Georgia we refer to it as 'Personal Property Bill of Sale'. Our Seller's Disclosure Statement states whether or not the curtain rods are staying or not. It is understood that if the Seller does not check the curtains box in the Seller's Disclosure Statement, that they will not convey with the property. A Personal Property Bill of Sale is certainly common in Georgia to use for personal items.
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Old 08-23-2013, 04:55 PM
 
Location: DFW
40,952 posts, read 49,155,879 times
Reputation: 54995
Curtains and blinds are part of the home here as are TV Brackets mounted on the wall (but not the TV)

I like to work on buying personal items after we've gone under contract and negotiated repairs. No use POing off the seller over some cheap item.
Usually I just like the buyer and Seller to email directly what they want to buy and leave us agents out of it.

Many lenders do not like personal items to be in the RE Contract. If they foreclose, are they part of the house and what the lender financed ? Could be, yes.
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Old 08-23-2013, 05:05 PM
 
12,973 posts, read 15,793,565 times
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Quote:
Originally Posted by Rakin View Post
Curtains and blinds are part of the home here as are TV Brackets mounted on the wall (but not the TV)

I like to work on buying personal items after we've gone under contract and negotiated repairs. No use POing off the seller over some cheap item.
Usually I just like the buyer and Seller to email directly what they want to buy and leave us agents out of it.

Many lenders do not like personal items to be in the RE Contract. If they foreclose, are they part of the house and what the lender financed ? Could be, yes.
Gets tricky though. If you are about to be foreclosed and remove three or four fans that you added is it legal? How about if they came with the house. Can you pull out top of the line appliances? How about if you replace with second hand junk. How about removing all of the high quality stone counter tops and replacing with plywood? How about pool pumps and a heater you added?

I have seen all of the above and they all got away with it.
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Old 08-23-2013, 08:25 PM
 
Location: Berkeley Neighborhood, Denver, CO USA
17,705 posts, read 29,796,003 times
Reputation: 33286
Default Fire the agent

Quote:
Originally Posted by DP1987 View Post
Your agent just decides to ignore your requests and says lets wait it out.
We are done. Boom. Gone.
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