when selling a house, avoid awkward misunderstandings over fixtures and furnishings
Art appliances, stylish lighting and tasteful window treatments can all make an unforgettable impression on potential buyers.
Silk curtains matching wall or floor coverings, elegant chandeliers, or crystal knobs on cabinet doors are the \"assumptions\" that buyers can understand will be included in the sale.
Sellers may have different views.
Usually they will take an expensive extra charge
Like the heir chandelier, the curtains are made to match the bedroom, expensive and customized
Kitchen exhaust fan designed to hang lamps or imported wine cooler-
They were with them when they moved.
If the buyer finds in the last inspection that the items needed in the home have been removed or even replaced, problems and delays may occur when closing.
This \"misconception\" will prompt disappointed buyers to refuse to clinch a deal. Most well-
The written procurement agreement contains a clause that provides for improvements and fixtures included in the sale. Built-
In electrical appliances, lamps, walls-to-
Types that may be listed include carpets, window handling and curtain rods, safety systems, garage door openers, and storm shutters.
However, when personal property projects-
Free curtains, etc.
Standing appliances or favorite lamps and lanterns
There is no specific description in the contract, and there is no clear intention of the seller.
Is the Swedish washing machine left or left?
Will be expensive points
Does the Zero fridge stay in the House or is it removed when it is closed? Trees in free-
Standing pots in the patio or children\'s amusement equipment in the yard will also be questioned.
Unless these items are specifically mentioned in the purchase contract, the buyer cannot be sure that \"what they see will be what they get \".
The furniture looks clean.
In some cases
It will still cause disagreement.
A large, irregular
The shape sofa that perfectly matches the wall color and appears to be built into the wall of the living room may be considered \"real property \".
But, in fact, the sofa may be customizedmade, free-
Fixtures left by sellers without intention.
When the personal property is attached to the house in some way, it becomes real estate --
This can be fixed with bolts, built into the cabinet, fixed with cement, nailed with nails, or fixed behind the wall with wires.
Most states adhere to five legal tests that help determine when personal property
Like a light bulb in a chandelier
But to be part of a real property or structure.
● The first and most important test is the method of attachment.
If the item is permanently connected by a certain fastener (
Such as nails, screws or bolts)
Or with adhesive material (
Such as glue or cement)
And then it officially becomes a fixed.
These features are real estate and (
Unless excluded in the agreement)
Must be included in sales.
Related examples include hanging fixtures, door and cabinet hardware, and window handling.
● The second test is the adaptability that a particular project uses with attributes. Built-
In the equipment that requires special wiring (
Audio speakers, anti-theft alarms, or walkie-talkie, for example)
It is the personal property that has adapted to the structure and, therefore, has become real estate.
● The third test is the intention of the buyer and the seller.
If the purchase agreement mentions that the exhaust fan installed on the stove \"is not included in the sale\", then the intention of the seller is beyond doubt.
● The fourth Test is the actual agreement between the buyer and the seller.
The purchase agreement shall list all content that may be in dispute in the future and shall specify how each item is handled.
Everything can be negotiated and individuals and real estate should be agreed upon and listed in the initial purchase offer.
The fifth test is the relationship between the two sides.
In the process of determining who the assumption is correct, in any proceedings concerning whether something is personal property or real property, please note that many observers believe that the court tends to favor the buyer rather than the seller, more tenants than landlords and more lenders than borrowers.
Of course, laws can vary from state to state.
Since real estate in Maryland can be considered as personal property in California, it is better to check with a local lawyer if or when legal advice is required.
\"Buyers need to imagine themselves cooking in a modern kitchen, entertaining in an elegant restaurant, or relaxing in a tasteful living room,\" Kristie Barnett said . \" Expert and author of the book \"psychological staging.
\"Updated window treatments and fixtures are important for buyers and if buyers find they have been removed, they may cause problems when they are closed --
Or be replaced by an unacceptable or cheap alternative, \"Barnett added.
Barnett helps professional property administrators learn how to help sellers keep their home appealing by replacing expensive or sentimental devices with newer devicescost-effective —replacement.
Lamps, towel bars and drawer knobs may have unique drilling or hole configurations, so the replacement of fixtures must comply with these specifications.
\"Outdated or large special-purpose items —
For example, the old swing in the backyard or the fitness equipment in the basement
It may cause problems at the close, especially if the seller leaves a problem, \"said Fiona Dugan, a real estate agent at Julia B.
Sotheby\'s for rye in New YorkY.
\"When it comes to personal property, it is worthwhile to take additional precautions and clarify the intentions of the buyer and the seller.
Sellers are known to change their minds
Usually at the last minute.
\"The experienced closing agent knows that reaching a compromise on the closing price can often save a deal that seems destined to fail.
Normally it requires a fair third party to be present
Closing agent or lawyer-
Make an agreement between stubborn sellers and emotional buyers.
Sandy Gadow, a freelance writer and author of The Complete Guide to real estate closure, is a former title officer and a licensed realtor with more than 20 years of experience.
Gadow will answer the reader\'s questions in future columns.
Contact her at sandragadow1 @ gmail. com.