Definition of Window Treatment (buyer's agent, contract, seller, house)
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Window treatments are anything covering the window that isn't secured to the wall/window trim. So if the windows had blinds, those are fixtures in my area, as are curtain rods. Curtains, since they aren't affixed to the wall are personal property. We define it that way in our contracts.
If someone said window treatments here they are talking about a valance or curtains that are decorative in nature and not designed to provide privacy. People usually want them because they match their decor.
Our As Is contract includes fixtures in the real property section and window treatments in the personal property section. Both are assumed to be conveyed unless specifically excluded. Another one of our contracts is worded a little differently by including drapery rods and draperies, blinds, and window treatments.
I once had a deal where we did the walk-thru an hour before the closing and, sure enough, the one set of drapery rods and draperies that the buyers wanted were gone...and long gone, as in on a truck headed to another state. I have to say the listing agent stepped up and compensated my buyers rather than complicate or delay the closing. Everything proceeded smoothly after that.
The disclosure refers to window coverings as blinds, curtains, coverings, and mounting equipment. The seller just indicated window treatments in the disclosure, which I received before I put my offer in. Obviously, I'd rather things like the blinds stay (and they appear to be custom, so I can't imagine that they would fit in another house), but I just don't want to walk into that house the first day I move in and be surprised. I'd rather be prepared with mounting rods and curtains to make sure I have some privacy until I can get the blinds replaced.
Still no answer from my realtor. I've told him I won't do the walk through until I know the status of this.
The disclosure refers to window coverings as blinds, curtains, coverings, and mounting equipment. The seller just indicated window treatments in the disclosure, which I received before I put my offer in. Obviously, I'd rather things like the blinds stay (and they appear to be custom, so I can't imagine that they would fit in another house), but I just don't want to walk into that house the first day I move in and be surprised. I'd rather be prepared with mounting rods and curtains to make sure I have some privacy until I can get the blinds replaced.
Still no answer from my realtor. I've told him I won't do the walk through until I know the status of this.
Maybe I'm missing the point here, but if you've had this issue before and it's such a big deal to you, why the heck didnt you have your realtor put specific writing about it in your ORIGINAL offer?
If you want the blinds to stay, than put that in the offer. In my area window treatments such as curtains or valances, blinds, and interior shutters are specifically named in the offer. Curtain rods are considered a fixture because they are screwed into the wall.
If something is unclear in an offer, change it to clarify.
I'm a little surprised that this same situation happened to you previously and you let it happen again.
The disclosure refers to window coverings as blinds, curtains, coverings, and mounting equipment. The seller just indicated window treatments in the disclosure, which I received before I put my offer in. Obviously, I'd rather things like the blinds stay (and they appear to be custom, so I can't imagine that they would fit in another house), but I just don't want to walk into that house the first day I move in and be surprised. I'd rather be prepared with mounting rods and curtains to make sure I have some privacy until I can get the blinds replaced.
Still no answer from my realtor. I've told him I won't do the walk through until I know the status of this.
If they said in the disclosure that they intend to take the window treatments and in the disclosure that is defined as you said, then it seems like a no brainer but it is the contract that matters most. If your agent is dragging his feet, call his broker. Don't wait to see what will happen. All the things you should have done or could have done are water under the bridge, be proactive now with what you have now. It is possible, even now, that they might be willing to leave certain things if they know you'd like to have them.
Maybe I'm missing the point here, but if you've had this issue before and it's such a big deal to you, why the heck didnt you have your realtor put specific writing about it in your ORIGINAL offer?
Because I was silly and I assumed that window treatments equaled the drapes. Plus, I was in a bidding war, and it didn't seem to be the time to nitpick over the definition of a window treatment.
For me, it's less of an issue about what they'd take (although obviously I'd hope the blinds stay), but knowing what is going and what is staying so I know what to expect. The last time, the blinds and mounting components were present during the walk through and were gone when I moved in. So I don't want to do a walk through this time, see the blinds are present and assume that they will be when I take possession. Especially, as it's clear that the definition of window treatment varies from person to person.
My realtor got back to me, and the listing agent has listed the curtains the sellers plan on taking. I am asking them to confirm that the blinds and mounting components are staying.
This is how it is here in Texas. If the disclosure states the seller wants and will be taking "the window treatments in the formal living room", that usually means the fabric drapery. Anything nailed down, screwed in, etc is considered part of the house. They were made specific to the measurements of the house and it is assumed that everyone knows they stay and were custom made to fit that window.
I dunno - the drapery rods at my house are universal & stretch out from like 3 feet to 6 feet wide - certainly not "custom".. I wouldn't take them because removing them would likely take a chunk of paint with them around the mounting base, or expose a blob of whatever color the room used to be. But if I had written into the contract that I was taking them, the stuff written into the contract supersedes any boilerplate in the contract.
Because I was silly and I assumed that window treatments equaled the drapes. Plus, I was in a bidding war, and it didn't seem to be the time to nitpick over the definition of a window treatment.
For me, it's less of an issue about what they'd take (although obviously I'd hope the blinds stay), but knowing what is going and what is staying so I know what to expect. The last time, the blinds and mounting components were present during the walk through and were gone when I moved in. So I don't want to do a walk through this time, see the blinds are present and assume that they will be when I take possession. Especially, as it's clear that the definition of window treatment varies from person to person.
My realtor got back to me, and the listing agent has listed the curtains the sellers plan on taking. I am asking them to confirm that the blinds and mounting components are staying.
That's the best way to handle it - at least you'll know what to expect after closing. I never understood why so many sellers seem to be obsessed with ceiling fans, blinds, drapes & such.. Even if they would fit the new house & look right, they're a big hassle to move without damaging them or losing parts.. You just know that most of the stuff that gets removed sits in a garage for a year & then gets tossed..
That's the best way to handle it - at least you'll know what to expect after closing. I never understood why so many sellers seem to be obsessed with ceiling fans, blinds, drapes & such.. Even if they would fit the new house & look right, they're a big hassle to move without damaging them or losing parts.. You just know that most of the stuff that gets removed sits in a garage for a year & then gets tossed..
I understand why some sellers have sentimental attachment to some things. If a family member created a specific item, then I get why they'd want to take them.
In general, the sellers of my new house are pretty reasonable, the biggest issue has been why they don't understand why I won't pay them $1000 for their 5 year old washer and dryer.
I understand why some sellers have sentimental attachment to some things. If a family member created a specific item, then I get why they'd want to take them.
In general, the sellers of my new house are pretty reasonable, the biggest issue has been why they don't understand why I won't pay them $1000 for their 5 year old washer and dryer.
lol, don't get me started on appliances! (I'm a landlord) - not sure how the Home Depot is able to sell $2,500 fridges (or washer-dryer sets) with a one-year warranty.. "I'm gonna pay you $2,000+ today, and I might have to come back in 366 days & buy *another* one???"
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