After I closed another Bank of America short sale yesterday, the buyer's agent sent me an email demanding that the sellers replace the appliances. The agent also attached a printout from MLS that noted the appliances were included in the sale and a blog that said the same thing.
I hate to say this, but this is a buyer's agent who might have to buy his or her buyer new appliances. Why? Because he / she did not negotiate this personal property in the purchase contract. It's a missing element from the contract. Whose fault is that?
MetroList is pretty clear about its stand on this issue. MLS does not supersede the purchase contract. If a buyer's agent does not specify which appliances remain with the home, they don't stay. They can go. MetroList doesn't own that personal property. The listing agent doesn't own that personal property. The seller owns it. And if the buyer doesn't reach an agreement with the seller to give it to them, the personal property does not belong to the buyer.
Personal property is not a fixture.
So, what happens if a buyer tells his or her agent that he / she wants the refrigerator but the agent doesn't put it in the contract? I'd hate to be wearing that agent's shoes. They wouldn't fit me anyway.
Here is a new short sale listing in West Sacramento. It's located in that gorgeous complex called Riva on the River. I was so happy to see river development in West Sacramento when this complex was built in 2005. I don't believe that Sacramento or West Sacramento has done enough for river frontage. That's not to say I believe natural land should be spoiled, but I don't like to look at decay and rubbish along our river banks. I don't think anybody does.
This is a two-bedroom with office space and a two-bath condo. It's approximately 1307 square feet. It looks like nobody has ever lived in it, even though it is occupied. There is definite pride of ownership.
You'll find parquet wood floors in the entry with a transom by the door. The kitchen sports granite counters, beautiful oak cabinets and a large pantry. Other nice touches are ceiling fans, dual pane windows and exterior access in the master bedroom to an enclosed courtyard / patio area.
This is a one-story, lower level unit, with a two-car tandem garage. It's an affordable alternative to renting.
1291 Milano Drive #6, West Sacramento, CA 95691 is exclusively offered as a short sale by Lyon Real Estate at $114,900. For more information, please call your Sacramento short sale agent, Elizabeth Weintraub, at 916 233 6759. For a private showing, call Weintraub team member, Linda Swanson, at 916 607 0111.
Photos: Linda Swanson
---
Certified HAFA Specialist
My Sacramento Real Estate Listings
Elizabeth Weintraub is an author, home buying columnist for The New York Times-owned About.com, a Land Park resident, and a Land Park real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown and East Sacramento. Weintraub is also a Sacramento Short Sale agent who lists and successfully sells short sales throughout the four-county Sacramento area. Call Elizabeth Weintraub at 916.233.6759. Put 35 years of real estate experience to work for you. Broker-Associate at Lyon Real Estate. DRE License # 00697006.
The Short Sale Savior, by Elizabeth Weintraub, available at Amazon.com.
Lyon Real Estate is not associated with the government, and our service is not approved by the government or your lender. Even if you accept this offer and use our service, your lender may not agree to change your loan.
Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.
The views expressed herein are Weintraub's personal views and do not reflect the views of Lyon Real Estate.
Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice. It could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.
Ouch....personal property is not a fixture..but having it listed in MLS ...ouch again...
Hi Sally: Well, sometimes sellers tell me when I take the listing that the appliances will stay. Then, when a buyer doesn't ask for them, the sellers change their minds and remove them. Buyers have to ask for the appliances. It's gotta be in the contract. Agents sometimes forget that agreements must be in writing in real estate.
Elizabeth
It would seem to be even more inportant to specifically spell out the terms and conditions in the case of a short sale, and our contract makes it so easy to do so in the case of what remains in the home and what is excluded.
Jeff
You said it, Jeff. On page 3, there's a box to check for the stove and a box for the refrigerator, and an entire line to write in other personal property. Yet agents often leave it blank.
In my area the stove, dishwasher and built-in microwave are considered permanent fixtures. Refrigerator, washer, dryer, free standing microwave, freezer are considered personal property and should be written into the contract even if offered in the mls.
You are lucky you're in california. If it's in the MLS in AZ as conveying, then it conveys; short sale or not. It's a good idea to list it in the purchase contract, but not legally necessary. Again, in AZ if the seller stripped out the appliances listed as conveying in the MLS it would be a breach and buyer could pull out.
Interesting to note the differences from state to state....
Hi Pam: Stoves are questionable because an electric stove can be unplugged and rolled out. Just like a refrigerator. To be safe, a stove should always be included in the purchase contract in California.
Hi Dean and Sonia: See, and that's one of the reasons that sometimes California agents think Arizona law applies to California when it doesn't. Because it would seem to make logical sense if MLS included appliances that they would stay, but that's not how it works.
It is typical in our area for appliances to convey including fridge and W/D but the contract is what prevails. If it isn't checked then the owner could take it with them. Lets face it a stove that plugs into the wall isn't really "built-in" but chances of an owner wanting to take it are slim. Recently I've had a lot of sellers taking the W/D as they had just purchased new ones and they needed them in their new home.
Elizabeth, this is a good lesson for all of us to make sure we pay attention to the details; taking time to dot all the i's and cross all the t's.
Hi Elizabeth, I love the entrance to your new listing. To be honest, I'm not sure about our MLS rules, but always include all the personal property/appliances that the buyer wants in the offer, in order to leave no doubt.
What a cute entryway to your new listing. I love it. As for the appliances, we agents can not negotiate personal property conveyances. That's for our seller-clients to decide and for us to listen carefully.
Elizabeth- thanks for the heads up. I've always been under the assumption if they are built in or attached they stay. If you think about it - our sub zero frig can be rolled out. It makes them easier to work with if they need to be repaired. If the seller has filled out the TDS that those appliances are there, does that make a difference?
Sorry to say but it has to be in the contract, DeeDee. I could not believe it. I went over to the house today to pick up my lockbox and was cornered by the buyers. They wanted to know if their agent had sent me the demand for the appliances. Sure, but it was sent after closing the escrow. That is NOT the time to ask for appliances. I feel really sorry for that agent.
Approval letters from short sale lenders often specify that the real estate sale is being approved by no personal property is being conveyed. As you have already said, if the stove is a slide-in unit, it can be unplugged and removed as easily as any refrigerator that is not built in. I have instances in the past where buyers have been surprised to find that the stove is missing after close of escrow. Problem is, they did not specifically buy the stove so the wily seller took it - too often, without the knowledge of either listing or selling agent. A good standard practice it to include the items in the contract that the buyer expects will come with the house.