Five Things Usually Not Included In Your Home - Real Estate Purchase!

Five Things Usually Not Included In Your Home - Real Estate Purchase!

The buyer of a historic Kansas City home falls in love with the gigantic antique mirror in the foyer. The mirror looked as if it were made for the space; it fit perfectly on the wall, and the frame matched the surrounding woodwork. In fact, the mirror was so large, the buyer said she “couldn't imagine it going anywhere.”

And yet, when they bought the house and went inside, the mirror was gone. All that was left were some holes in the wall and the wallpaper behind it ripped and discolored where it was previously mounted. The buyer promptly called her agent, who told her the mirror was personal property and didn't transfer with the house... yes, this scenario plays out in some form or another all the time. In real estate transactions, there are gray areas when it comes to personal property. Some contracts spell out exactly what’s to be left behind for the new owner, while others are open, vague and it is much better to spell out the details before the moving company is 1000 miles away with the refrigerator! :)

Don’t assume anything you see on the property comes with the house. If you intend to buy a home and there’s something in particular you want, speak up early. Put your request in writing so that nobody is disappointed when the deal closes.

Here are five things that are often overlooked or not covered in residential real estate sales transaction and that can lead to a dispute.

1. Appliances

You can’t always assume the appliances will be included in the home sale. There are norms and customs in every market, which can vary from region to region.  Here in the KC metro area of Missouri and Kansas you should discuss every refrigerator, the washer & dryer and pay attention to whether second refrigerators, wine coolers and other appliances are permanently affixed to the house or not.  One other area of concern to watch / be aware of is when there are a backup set of appliances.  Some sellers will look to switch out the top end appliances with lower end models - even if this is outlined in the brochures and disclosures.

The lesson you do not need to learn because you read it here specify when making your offer location of current appliances and specifically if they will be written in as a part of the contract.  Your good Kansas City Realtor will write in the“existing” appliances and even go as far as to spell out the specific appliances brands / locations, such as Bosch Dishwasher, Wolf Range and Sub Zero Wine refrigerator in sub-basement

2. Window Coverings

Window coverings are another issue that often results in nasty email exchanges after a sale. The custom in the KC real estate market is that if there are window coverings present, they stay with the new owner. Sometimes, there are shades and there are drapes. The shades may be fully fitted for the window and attached. But the drapes may be decorative. Sometimes the seller, who had the drapes custom made to match the furniture, will want to exclude the drapes from the sale. If you don’t see it written anywhere or haven’t heard about it, get the inclusion of window coverings in writing. Along with the appliances, specify that you want the “existing window coverings.”

3. Personal Property

As with the drapes or the gigantic mirror, the seller may have a specialty light fixture or a piece of art that appears to be designed to fit into that space.  In some locations you may even find a large bookcase or piece of furniture that fits so perfectly into a room, nobody could imagine anything else going there. Here again, these items are personal property, and the seller may have no intention of letting them go, no matter how obvious it seems to the buyer that they should stay. Always assume that any personal property, much like the beds and furniture, will not transfer to the new owner.

4. Flat Screen TVs and Mounting Materials

Often, a seller may have had a high-def, flat-screen TV professionally mounted above the fireplace or on the wall like a piece of art, with the wires running through the walls. As a result, TVs — long considered personal property — are showing up more and more in real estate negotiations. But given the history of TVs as personal property, buyers shouldn't assume that a flat-screen TV, its wires or mounting brackets would stay behind after the sale.  If you are interested in keeping this as a part of your new home, write in the brackets / mounting materials (and maybe even negotiate for the TV if need be).  

5. Kitchen or Bath Hardware

Hardware — in the form of doorknobs, kitchen cabinet pulls, bed and bath fixtures, and so on — should always transfer to the new owner. This is just common sense. These items are permanently attached to and therefore should stay with the property. In fact, it used to be understood that “anything attached to the property stays with the property.” During the height of the foreclosure drama, however, it wasn't uncommon for a seller to remove nearly all fixtures and finishes from the home before it was foreclosed on. This was their last chance to salvage some part of the house or even make a quick buck selling these items on the side. If you’re considering buying a home in foreclosure, just be aware that it is sold “as-is,” meaning how you see the home.  On bank owned REO and other Fannie Mae / Freddie Mac properties in the Kansas City area we are starting to see a bit of help / assistance in repairing major items (as long as this will help the property meet the necessary appraisal needs or PMI / traditional insurance standards).

Items to be Sold Separately

Sometimes sellers will decide that they want to keep something, or that they aren't interested in parting with it for free. What is common is for the buyer to separately make an offer to purchase some of the seller’s stuff. These transactions typically are handled outside of the real estate contract as they are considered "chattel" and can cause issues with closing if written in to the contract (Examples - BBQ Grill, Patio Furniture)

Advice to Sellers 

If you plan to take something with you, document it in all of the marketing materials (both print and online) so that there’s no doubt in the buyer’s mind what stays and what goes. When a buyer makes an offer, they can factor any exclusion of property into their price.

Advice to Buyers

Be as detailed as possible from the beginning. If there’s something in particular you like and want to be sure stays, ask the listing agent during the open house.  If they tell you yes, get it in writing.

 If you are looking to sell and list your home or to put an offer in on a new home, now is the time and the Bubb Cribb Team would love to help you!

The Bubb Cribb Team at Reece & Nichols would love to be your neighborhood experts in buying or selling your home in any part of Kansas City.  We have great area specialists in Union Hill, Hyde Park, Brookside, Sunset Hills, Waldo, Mission Hills, Prairie Village, Overland Park, Fairway, Leawood, Kansas City North, Lees' Summit and more; please contact Christopher Cribb, Megan Bubb Cribb or Eric Bubb for assistance!

Christopher Cribb - The Bubb Cribb Team 
Reece & Nichols - Southgate  Direct Line 913.239.2023