From time to time there is an issue with a transaction related to the inclusion or exclusion of a fixture, an appliance, or an article of chattel. For the uninitiated, “chattel” are furniture or personal belongings not attached the house, such as furniture, clothing or wall art.
When a property is entered into the MLS, the listing agent should specify what is included with the offering. Typically, fixtures are presumed included, as anything “glued or screwed” is. Most MLS systems have a label of “included” items under a category of…wait for it….”inclusions.” There is also a category to specify exclusions, and this is typically for items that might be presumed as inclusions ordinarily, such as a chandelier, or built-in shelving that the owner wishes to take with them. This isn’t complicated- if something is included, it conveys with the house. If it isn’t, it should be presumed not included, unless it is a permanent fixture.
Typical permanent fixtures are: lights, stoves, and oven ranges.
Often ambiguous are window treatments and less permanent appliances such as window air conditioners, refrigerators and washers & dryers.
Not ambiguous at all are furniture, barbecues, hanging pictures or art, and patio furniture.
I’ll summarize: If it is glued or screwed, it is presumed to be permanent and come with the property. If it isn’t glued or screwed, it should not be presumed. The buyer and their agent should be guided by the inclusions in the MLS details. If they are unclear, they should ask.
While this may seem like common sense, we have seen examples of unnecessary drama at the closing table over removed dishwashers, missing lighting fixtures, fireplace tools, curtains & shades, kitchen islands that were actually on wheels, window air conditioner units, and the list can go on.
Here is what a buyer and a buyer agent should NEVER, ever do: assume a non-permanent article of chattel is included simply because it isn’t specified as an exclusion.
Recently, we had a contract go out on my listing where the inclusions on the MLS were all kitchen appliances. The washer dryer were not in the inclusions. The offer specified that the inclusions were “per listing,” and the buyers attempted to add the laundry appliances to the contract. Their agent, who wrote the offer and the “per listing” verbiage, tried to argue that since the washer dryer were not specified as exclusions, that they should default to being included. In other words, they wanted to throw out all the other rules because the agent goofed. They did not prevail.
The takeaway: It is folly to assume a non-permanent appliance is included just because it isn’t on a list of exclusions.
One could argue that their buyer agent, who ostensibly was hired to help them get the best terms and save money, cost them more than $1,000.00 with that.
Silence is not consent. If a non-permanent appliance is not specifically included, never assume that it conveys with the house. It is the buyer agent’s job to make sure that everything is clear.
Facebook
X
Pinterest
Copy Link
$649,000 just bought a great 5 bedroom 3 bath Chilmark colonial like the one we just closed on Meadow Road.
On Powerful Women in Real Estate, Revisited.
In observance of International Women’s Day, I’d like to pay a tribute to the many fine women who have made our firm what it is. In 2012 I wrote a post on how I expected to build my firm with powerful women. Some of the things I said:
Was I right about that last part? Let’s see.
A few more facts: we have an outside consultant who has been a massive resource the past 3 years who is- guess what? Female. We belong to a consortium of independent brokerages that is chaired and directed by ….wait for it…a strong woman. The best real estate attorney I know is a woman. Most of the better ones I do business with are. My personal sales team is made up of 7 amazing women. I could go on, but I think you get the picture.
Will I hire men? DUH- I’ll hire a unicorn if New York or Connecticut license them. And I’ll add that we men ought to try and learn from our counterparts on the other side of the gender fence. In this industry, they can do everything we can do, except they do can do it pregnant, while having their best year ever. I can’t get out of bed after bad oysters.
Here’s a thing men absolutely have to get out of their way about: The notion that a strong, in-your-face, assertive, matter of fact female is somehow any less professional than a man with the same attributes. If we respect that in a man, we should value it in females also. I’ve had too many complaints about my female agents from dudes who couldn’t handle strength, and labelled that as unprofessional. Wrong. Check yourself.
I’ll add myself to the list of men who need to listen better and not dismiss a thought because of the delivery.
This post is not a chest beating about my me. I would hold my company up as emblematic of what can happen if men knew when to get out of the way and give the controls to a competent female. I’ll say it again: I will build this company with powerful women.
I love this quote: “women who seek equality with men lack ambition.”
https://youtu.be/lkfpqGWzHCE