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Not many entries in this journal are “firsts” for me anymore, and this is a great pleasure to share. One of the firm’s very newest agents is actually the daughter of one of our established agents.
It is very tempting for me to wax nostalgic on how young Imelda Cruz Avellan was when I first met her, but I’d rather focus on the top-notch professional woman she is today.
So here goes:
Imelda was raised and educated in Mt Vernon. She was in the Judge Judy and Nicole Sheindlin Mentorship program, where she earned the opportunity to intern in the Westchester County Executive’s office under Rob Astorino. Prior to her graduation from Mt Vernon High School she was selected to the National Honor Society. She also earned an academic excellence scholarship to Rochester Institute of Technology. She has since augmented her education in the technology area, but one of the many things I adore about Imelda is how she gets the human side of the transaction, beyond the shiny techie things. In her words:
I have real estate in my blood. I have listened to my mother help her clients navigate the real estate business my whole life. There is nothing like knowing you have someone in your corner looking out for your best interests during one of the biggest decisions in your life. It is my firm belief that whether you are listing, buying or renting in this real estate market, everyone deserves to be treated with respect. That is why I treat everyone with the same kind of patience and understanding I would expect someone to give my child. I am not here to just help you list, buy or rent just any house or building, I am here to help you with your home- a home that can be filled with memories, or a place where you want to create them.
As a broker goes through a checklist of things we look for in an agent, we have benchmarks for talent, intelligence, a work ethic, a hunger for learning, and a motivation to achieve. Imelda is through the roof on all of them. Her local knowledge and savvy about the communities she serves is excellent as well. I’m not worried that the pressure of high expectations might make things hard for a person, because, for Imelda, pressure and even adversity are just a day at the office. She’s fit quite a bit of life in her young years, and I wouldn’t at all be surprised to see her among our top producers down the road.
You can reach Imelda at 917.386.3441 or email her at imelda@jphilip.com.
As a kid growing up in Ossining in the 1970s and the long shadow of Urban renewal, I had a first row seat to the decline of Downtown Ossining. The stately old buildings that punctuated centuries of progress, commerce and history were reduced to a crumbling, blighted row of vacant shells. Sadly, in the clearing of some of those old buildings, what would now be considered treasured, one-of-a-kind structures became piles of rubble, then parking lots. Fire reduced some to fenced off fields. It would be that way for decades.
Inclusions and Exclusions
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.