Bob Murphy Online: Realtors, please tell your sellers to beware

Realtors, please tell your sellers to beware

There use to be a saying in Real Estate "Buyer be ware"

After you read Sybil's post you might want to change that to "Seller be ware"

Via Sybil Campbell Realtor, ABR, SRES Williamsburg Va homes for sale (Long and Foster, REALTORS®):

Realtors, please tell your sellers to beware of what a buyer may believe to be an attached item!  Recently a house sold in an upscale gated golf community in the Williamsburg area.  The sales contract stated that the house and all "attached items" would covey to the buyer.  When the purchasers bought the house they were surprised to see that the large plasma television had been removed.  They believed that the television would convey as it was attached to the wall with bolts.  They sued the seller and won.  

 

So the lesson for me is that I will make sure that all items that do not convey are specifically listed in the contract.  Think about it the next time you write up an offer to purchase property. 

REMEMBER WHATEVER THE DIRECTION SYBIL CAN HELP YOU FIND THE HOME OF YOUR DREAMS

Sybil Campbell, REALTOR, ABR, SRES

Long and Foster REALTORS

(757) 897-5889

www.buywilliamsburghomes.com

sybilcampbell@cox.net

Bob Murphy

Broker Associate

RE/MAX FIRST

502-773-2564

BobMurphy@ReMax.net

 

12 commentsBob Murphy • September 12 2009 06:08AM

Comments

Good advice. Every contract should contain very specific information on the personal property that conveys. A few minutes spent on this can avoid a lot of misunderstandings.

Posted by Roy Kelley, Montgomery County, MD Homes For Sale (Roy Kelley and RE/MAX Realty Group) over 2 years ago

Inclusions can be a bear....that is why a list is best to avoid any misunderstanding...good thought !

Posted by Sally & David Hanson WI Realtors Luxury\Short Sale\CDPE\ABR\e-Pro\REDS (Keller Williams 414-525-0563) over 2 years ago

wow, interesting lesson learned.  thanks for the repost, didn't catch it the first time around.

Posted by Jen Anderson (Exit By the Bay Realty) over 2 years ago

Sound advice, but I look at it on both sides of the deal. State clearly what you want and state clearly what does not stay. This helps avoid coinflicts to an extent but my gut tells me we will always deal with buyer-seller misunderstanding.

Posted by Dave Humphrey, CDPE (Watson Realty Corp.- Celebration Florida) over 2 years ago

Bob, the old fixture vs. personal property controversy. If it's not "nailed down" it is personal property otherwise it is a fixture. Looks like the court agreed. Good information. Thanks for reblogging.

Posted by Michael Setunsky, Michael's Commercial Northern Virginia Commercial Real Estate (703.831.4028, http://michaelscommercial.com) over 2 years ago

This is very good advice; it's amazing how pissy people can get over the smallest detail! I like to have sellers specify what stays and to have them remove or change anything that buyers might ask to have "thrown in" BEFORE buyers see it!! I like to have buyers detail what they expect to remain, and what they want removed in the initial offer, when everyone is eager.

Posted by Leslie Helm/Real Estate For Trail Riders (Tennessee Recreational Properties) over 2 years ago

Bob, Thanks for the re-blog.  You can do that any time!  Have a good weekend.

Posted by Sybil Campbell REALTOR® ABR, SFR, SRES Your REALTOR® on Amelia Island (Century 21 John T. Ferreira and Son Inc) over 2 years ago
My ecnxriepee in dealing with short-sale listings through realtors has been that the price listed only tells me that the bank is willing to entertain the short sale. It is their opening salvo. Most properties in this area have first and seconds (an important point to keep in mind for negotiation), it is important to determine which position is foreclosing. After negotiating, and depending on the condition of the home, (and yes hassling with the bank) – the discounts can be significantly lower.
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