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WHEN I FIND A HOME THAT I LIKE AND AM READY TO MAKE AN OFFER, HOW DO I KNOW FOR CERTAIN THAT SOME APPLIANCE, WINDOW TREATMENT, ELECTRONIC DEVICE, HOT TUB, ETC. WILL STAY WITH THE HOUSE OR WILL BE REMOVED BY THE SELLER?
Buyers Answers
First check the Listing Agreement that was created by the Listing Agent in cooperation with the seller. If a particular fixture is listed as an item that the seller plans to take with him, then most likely it will not stay with the house. In the offer to purchase, put in a statement that you expect the seller to replace the item with a similar fixture. For instance, if a seller as an antique lighting fixture that is mounted in the ceiling and he plans to take it with him, he should replace the ficture with another one of similar size so that there is no exposed opening in the ceiling where the antique one was mounted originally.
Do not assume that if an item is not included in the Listing Agreement as an "excluded item", one that will be taken by the seller, that it will be there when you close on the home. There are all kinds of misunderstandings that occur between a seller and a buyer because something was not stated in the Offer to Purchase. As a safety, state that "All electric appliances will remain with the home when the buyer takes occupancy." Theoretically, anything that is permanently attached to the home, inside or out, is a fixture and stays with the house. However, some sellers try to ignore this rule and take anything if it can be removed without damaging surrounding walls or floors. The safest policy is to state in the Offer to Purchase that a particular item is expected to stay with the home, e.g. fireplace insert, swimming pool, tool shed, pool table, hot tub, microwave oven, built-in stereo system, window air conditioners, built-in cabinets, refridgerator, freezer in basement, washer and dryer, etc. Also, state work to be completed prior to the closing, e.g. in-ground fuel tank for furnance is to be removed and replaced by one in basement near furnace. Furnace is to be professionally inspected, cleaned, and serviced if needed.
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