I recently had a home close and the sellers took the flat screen TV mounts off of the walls and the curtains and rods. There was nothing in the contract about these items, so they should have conveyed. Lucky for the Sellers my clients didn't raise a stink, but they would have been well within their rights.
For something as significant as a standard hot tub that isn't built into the ground and is simply sitting on a pad next to the house, I ALWAYS make sure there is a meeting of the minds about whether it will or will not convey. Additionally it's just too easy to write it down and make it a part of the contract, so why not?
Rick has it right! It doesn't matter what is on the MLS. The MLS doesn't legally bind the clients into doing anything.
So the real answer to Deb's question is......... it depends on what is in the contract between the Buyer and the Seller.. Even if the hot tub is attached to the house, it could be negotiated out of the deal in the contract. It's all negotiable. On the flip side, for the right price you could probably buy EVERYTHING in the house including the hot tub!! :-)
Joe Stone - Realtor
I would never say that a hut tub "typically" will convey since legally it really depends if the hot tub is or isn't attached" to the property. Some hot tubs are built-in and attached and other are simply sitting on the patio, just like a refrigerator is sitting in the kitchen.
Sorry, but never assume that something sitting on the back patio and plugged in to an electrical outlet is automatically included in the deal. Assuming is a bad thing in real estate!Â
Joe Stone -RealtorÂ
It does not matter what was listed in MLS, or what was shown as an "Exclusion" in MLS. The controlling document is the Contract between buyer and seller. If the contract did not address the topic in question when it was executed, then you could go back to the seller with an "Amendment", NOT an "addendum", and stipulate how the issue is to be handled at closing.
Amendments change things that were not in the original contract. Addenda will add things that are being included at the time the contract is signed by both parties. You cannot unilaterally tack on an addendum after you've executed the contract. For example, if the seller's agent "forgets" to include a Mineral Rights addendum with the contract, then the buyer gets the minerals, and it does not matter what your MLS listing says. You cannot force someone to sign an addendum after having executed a contract.
Good luck guys!
ULTRA Real Estate Services
I have a house for sale with a Hot Tub room attached to the Master Bedroom. If you are interested in something like that, please contact me directly. I'm sure you would not have asked this question if you didn't think it was important.
But you didn't make it clear whether you were looking at a specific house that had a Hot Tub, or if you were looking FOR a house with a Hot Tub. In any case, if you are working with me as your Realtor, I would always negotiate the sale so that the Hot Tub is included in the price. We would specify that in the contract, and you can also have it inspected so that you know it works before you buy the house. (Unless, of course, you are buying the house "as is", and then it would be up to you to fix it as needed after taking possession.)
I'm wondering if you are currently talking to a Realtor, because that agent should have been able to answer your question for you. If you are buying a house from a FSBO, you are already in more hot water than the Hot Tub could ever provide! So, please, call a Realtor to represent you, and you won't have to ask generic questions like this on an internet website.
As a general rule, anything that is attached to the property is considered to be "real property" in Texas. But if it is not attached, it is "personal property." Here's an example: a refrigerator is personal property because it is not attached to the wall; but a dishwasher is part of the house, because it is installed in the cabinet and permanently attached to the plumbing. Your question was about an item that could go either way, and so none of us can answer that on here, because we haven't seen the way the Hot Tub is installed at the house you are talking about.
Enjoy your Hot Tub!
ULTRA Real Estate Services
When looking for a home focus on what matters , location, floor plan, school districts, yard space, etc. Once you've bought a home if you still want a hot tub their easy to buy.
Joe Stone - Realtor
Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
Multimillion Dollar Sales Producer
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