Hi all!
I’m an under contract to purchase a home, closing in a couple weeks.
The sellers, during their counter offer (which we accepted), said they can leave anything that is in the house and garages. Except the china.
We put together a list of items we would like them to leave with the house, but the sellers won’t sign off on this. They are only saying they’re willing to leave these items as a courtesy.
We agreed to their counter offer BECAUSE of these items we would get to keep. We don’t own a snow blower, power washer, generator, etc and this was really important to us.
But now I’m worried these items could be missing during our final walk through.
Could there be a reason why the sellers don’t want to sign? I should push them to actually sign off on this, correct?
Seller won’t sign that they are leaving specific, expensive items
byu/Imaginary-You-2561 inRealEstate
Posted by Imaginary-You-2561
21 Comments
Yeah. Cause they changed their minds! Have the addendum state theyre in as is condition.
If you don’t have it in writing, it’s likely little to nothing will remain.
The language here matters. If their counter offer said that they *can* leave items, they don’t have to. If you wanted these items included you should have refused the counter and required it to be spelled out that these items were required to be left.
You should not expect any high value items that were not included in the contract to be left and it’s not a valid reason to refuse to close if they are not there. As to why they won’t agree? Best guess is they’re either deciding if the cost is worth moving them or if they can sell them before your close date.
Personal property is not included in the real estate sale. They are possible doing this to lure you in and then take the items. There should be a personal property addendum and it should state that the items being left are at no additional cost to the buyers.
Those items are not included in the sale unless you have a signed agreement. If this was an important part of the agreement, it should have been in writing. The sellers have no obligation to sign anything or to leave those items if it isn’t on paper.
Sounds like whatever they don’t want take they can leave. My guess is they are leaving their junk for the buyer to dispose of. Old paint cans, broken furniture, etc.
They are making it sound nice but you save them a garage sale netting $100 and dump run that costs that same amount.
Unless your talking like a Hotsy pressure washer or a Genarac home generator a cheap Ryobi pressure washer or a frame generator or snow blower is not that expensive, like $1000 will get you all that
They’re not going to leave them, that’s why they’re refusing to make it official. I’d find out about getting out of the contract if those items are that important to you. They may finally agree to it in writing if they know they’ll lose the deal.
The contract is the contract. Your unsigned addendum is a wish list that may or may not be fulfilled.
I had things in writing (kitchen island, security cameras) and when I did my final walkthrough they were gone. I told my realtor that if the items were not returned then I would not be signing. Low and behold the items magically appeared the next day. Definitely get this is writing and signed or you’ll have no recourse.
Did they say anything about what they would leave, in the counter offer, in writing, that you accepted or was it a verbal offer? If not in writing, either forget it or prepare for an expensive, probably losing, legal pursuit.
Did your agent let you sign a contract that says they “can” leave anything they decide to??? That would mean they don’t have to clean up. They could literally leave old junk everywhere and they have no obligation to leave anything of value. If that’s the language in the contract your agent messed up.
If it’s not in writing you are NOT getting the items. Buying a home is a contract transition not a handshake deal.
Well, saying you can pick what you want isn’t a binding offer. Personal property cannot be tied to the sale of the residence. If you’re getting a mortgage, then this could actually protect you.
If it’s “after the fact” they don’t have to sign anything. If nothing was left behind (or was ever there in the first place) you would want/need to purchase those items. They were doing you a (generous) favor. Personal property is a side deal, not part of the contract. There is very specific language needed for lending if any personal property is to be conveyed.
No expert here but I just closed on a house and we had the same discussion. Namely I wanted the sellers to include outdoor furniture that I didn’t want to have to buy right away. My agent told me that if we get it in writing on the contract, then those items had to be appraised and itemized out on the sale. They advised that it wasn’t worth the time or hassle to do it in writing, but to work through the agents to get a “handshake” deal outside of the purchase of the home. They left us a list of items, we went though it and replied, and they left them. No other formalities. I guess it just depends on if you trust the sellers or if you think they’ll bamboozle you. Either way, they are NICE to haves, not requirements. Don’t hold up the purchase of a HOUSE on things like a snowblower.
If they haven’t signed anything they don’t have to leave it and likely won’t. If you don’t want the house without those things then you can have your agent say that to them if you still have the ability to cancel the contract. But on the day of walk-through, they only have to adhere to the signed contracts. If they didn’t put that in to the offer you signed then you aren’t going to get that stuff and you’ll have no recourse.
Normally, the seller takes everything that isn’t a “fixture”. This can be changed if you already have an agreement signed by both sides – which apparently you don’t. They can take anything they want. If you refuse to close, you are in breach.
If it wasn’t in writing with the counter offer, it doesn’t exist. You got played.
I’ll play devil’s advocate – how much are you talking here? Are we talking like, 20k worth of appliances, built ins, etc?
If I was the seller, I would have that communication but no way in shit I am signing anything. I would maybe do a bill of sale for 1$ as-is at closing, but I am not signing anything that says “I shall leave you a washer and dryer”, especially ahead of closing. What happens if my dryer goes bunk within a week? Now I have to replace it as part of a contract, because I was trying to be nice? Nope, not a chance. I’m happy to leave what is asked for, and as-is, but I am *not* signing it as a contract, weeks/months out from closing, that a buyer is getting anything out of the ordinary in the sale. Then I am on the hook for it, especially if it was a “free” leave.
When you agreed to the counter offer, did it state in writing that they will leave specific things? Because if not, it was not a part of the counter offer and you may be SOL