Items included in Purchase and Sale Agreement question (agent, condominium, property)
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I am the seller of a condominium in Tennessee. Included as part of the property is all fixtures including kitchen appliances. The contract then states:
B) Other items that REMAIN with the property at no additional cost to Buyer:
REA wrote in: as viewed on 11/8/12
C) Items that WILL NOT REMAIN with the property:
REA wrote in: n/a
Fact: Furniture, wall hangings, lamps, clocks are non-fixtures.
Question: From the answers on B and C above can I legally keep the non-fixture items (some items that are my personal items will be an issue on closing day)? Buyer is staking claim to all, verbally. They want the condo really bad.
Unless you have already accepted their offer just write in the items you want to keep. If you have already signed, ask the buyer's agent if you can keep items x,y and z.
Unless you have already accepted their offer just write in the items you want to keep. If you have already signed, ask the buyer's agent if you can keep items x,y and z.
Thanks! It's actually a transaction between one another, no REA. An agent (on site) is assisting in drawing up the papers. This agent wrote the brief notes in B and C. I believe I have a case of taking what's mine. It's traditionally an over-night rental condo, but I'm a year-round resident with personal property at stake.
My agent told me that if you took a house turned it upside down and shook it. Non-fixtures would be anything that would fall out (i.e. not attached).
When we put in offers we write in things that are already listed as included such as appliance, but will add in window treatments, ceiling fans, light fixtures (i.e. bathroom lights, kitchen lights, etc.), a shed if there is one. And maybe some other items if we really like them (one place had a world map on a wall that we found pretty charming).
As this is a legal and binding contract, it's probably better to get a more fleshed out description that no one can argue about in the contract before signing it (or ammend it if already signed). In real estate, never ever go on what people say always get it writing because people are known to change their minds or occassionally have misunderstandings.
I can't figure out why you would NOT specifically name things that are to stay and to go.
Your on-site agent is lazy (and courting a court case).
At the time, I was moving to the Rocky Mountains for seasonal work and I was willing to let everything go...now, I'm not moving. Also, my inexperience in these matters in all honesty.
The agent is volunteering his time at no cost acting as a go-between.
"As viewed" includes everything they saw, so yes, your personal property is included. Get a lawyer or strike out that portion.
Do I need a lawyer to strike out that portion?
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