Profile picture for user303324

What normally stays with house?

Seller has started removing built in shelving from garage.  There are heated towel racks and things of that matter we are concerned they will remove as well.  And this may seem stupid, but there was about a cord of fire wood that was stacked for the wood stove that is now all gone.  I guess I kinda figured it would stay because of the wood stove.? The sellers have not lived there in over a year but all their belongings are there.  We close in 2 weeks.
  • January 02 2013 - US
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Answers (14)

Profile picture for Blue Nile
I'm curious about the "shelving".  People define 'built in" differently.  In California, a pre-fab free standing set of shelves are often strapped or bolted to the wall to avoid tipping over during an earthquake.

Then there are all those "snap in" organizer systems available.  Are they "built in" or just "attached"?  Or is it only the mounting brackets that are attached?

Yes, I would expect shelving to come with the house if "attached" and the contract read that all "fixtures" were included...  but if it was not spelled out, I could see how a seller may have assumed something different.
  • January 02 2013
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I suggest that you consult with an attorney that handles residential real estate matters. The attorney can prepare & send a letter to your Buyers' Agent & the Sellers' Agent for immediate forwarding to the Sellers. It is prudent to quickly take care of the "fixture" issues before Closing.
  • January 02 2013
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Good I hope everything gets ironed out for you. There was so much I didn't know when I bought my first home. The owner of that one removed all the knobs off the cabinets in the kitchen and bathroom, as well as the towel racks!
  • January 02 2013
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Profile picture for user303324
We do not have direct contact with the listing agent.  Other than when we were present for the septic inspection.  These are comments she has made during the course of the written negotiations as part of the negotiations/comments she actually wrote with the negotiations. Also things that the inspector and other professionals that were used had brought to our attention.  Thank you for all of your advice.  We really appreciate it.  :-)  Things for the most part are working in our favor.  Just not very professional on her end and especially not being truthful/shady about things.
  • January 02 2013
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Profile picture for DanaDuzDenver
Here in Colorado, our Colorado Real Estate Contract to Purchase indicates that if it is "attached" to the property, it is considered that it will stay.  When a Listing Agent places the home in the MLS, any EXCLUSIONS (seller's personal property, appliances, etc) are usually listed.  But, when a Buyer's Agent writes up a contract, any items that the buyer wants to stay should be listed so there are NO gray areas.  Most certainly, attached cabinets, light fixtures, plumbing is expected to remain. The chord of wood falls into that area of seller's personal property, but to protect the buyer it should have been listed in the purchase contract to avoid surprises. And the towel racks should have been noted by the Listing Agent if they were not staying.
  • January 02 2013
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Whatever is "attached" to the home is called a "fixture". Fixtures are supposed to remain with the home.
It's very important that any concerns be addressed in the contract, with regards to personal property so that any items you would like to have are outlined there. 
Under normal circumstances your  Buyer Agent   would be protecting you and making clear  what the owner is leaving and taking. You have the option to speak to the manager/broker of the listing agent's office. Some individuals use rude behavior to "back you off"...so don't let that stop you! You have every right to have your questions answered
  • January 02 2013
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I agree with those who say you should not really have direct contact with the listing agent but given whet you say about the listing agent's behavior, I would not hesitate to complain to the listing agents broker. There is no excuse for suggesting that you do not need inspections. She should be encouraging you to have any inspections you want as that protects all parties (and agents) in the transaction.
  • January 02 2013
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Profile picture for wetdawgs
I disagree with "if it requires a tool to remove, it stays with the house".   There are many things requiring tools in  homes such as TV stands on the wall, shelving, and certain furniture that would be considered personal possessions.  If in doubt, put it in the contract. 

Firewood would be considered a personal possession, and if they wished to leave it behind they would have to have your permission.  Apparently they wanted it.

Shelving in the garage is often personal possessions.  If you wanted it, you should have put it in the contract.

When we've sold we tend to have a list of things we are willing to leave behind (at no  charge)  and ask the purchasers if they wish us to leave the items behind.   One buyer even wanted the dog door and the home made stairs to the window with the dog door (as well as the shelving nearby). 

I hope you have planned a walk through of the empty home before closing.  

If you are having problems with the listing agent, ask your buyer's agent to intervene.    You shouldn't have to have any contact with the listing agent. 





  • January 02 2013
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You should not even be having any communications with the sellers agent, your agent should be doing that so I am wondering if you are using the same agent. If so, you made a mistake and you might be seeing why it is so strongly suggested that a buyer have an agent to work with them and for them, not the seller.

Every agent in an office has a boss, they are called the office broker, principle broker, broker-in-charge or something like that depending what state you are in. Speak to the broker if you want to about any agent that works for them.
  • January 02 2013
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Profile picture for user303324
We did write it in the contract that all appliances stay.  I talked with my husband and he contacted our agent about the situation and we are just waiting I guess.  It is just nerve racking because the listing agent is extremely rude.  Which brings me to another question- how do I go about complaining about a listing agent? She has made remarks on everything that we have investigated even has gone as far to lie about what professionals have done and wrote a nasty letter to the inspector that inspected the house.  Which we have been told by a few different professionals that have seen the report  that the inspector has done an extremely thorough report and they wish that every inspector did so. She has told us that there is no need for us to do our own inspections because some of them were all ready done by them.  Yet, when we did hire a specialist he found things that were missed.  For one the pressure tank was bad.  
  • January 02 2013
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The Purchase Contract clearly defines what will stay and it is usual to state that all fixtures remain (a fixture is something "fixed" to the home. Freestanding appliances are not normally included in the sale (except generally, a free-standing range) but shelving, if attached, would be considered a fixture. People often take firewood with them but not always.
  • January 02 2013
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Profile picture for Ofe Polack
Discuss this with your buyer agent.  What stays in the property is exactly what what written in the offer.
  • January 02 2013
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What does your purchase contract say? Did you all address this matter in the contract? If not, why don't you just ask the sellers if they leave certain things?
  • January 02 2013
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The old rule of thumb is that personal items are removed but anything attached are not considered personal items. The rule is that if it requires a tool to remove, it should stay. That being said it comes down to what you asked for and how you asked for it.

tim
  • January 02 2013
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