Home Buying in Keller>Question Details

Deb, Home Buyer in Keller, TX

I am looking at a home with a hot tub.would that be included in the price?

Asked by Deb, Keller, TX Tue Feb 5, 2013

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18
Joe Stone - Realtor (R)’s answer
It always makes me cringe when I see a vague question asked and then a real estate professional chime in with a definitive answer.

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
Exclusive Homes
682-777-0836
0 votes Thank Flag Link Wed Feb 6, 2013
Ask your agent. It should be noted on the local MLS information sheet. If it is not, it can always be a negotiation item if it is really important to you in purchasing the house. Some hot tubs are better off being left with the house considering how they are installed and where.
0 votes Thank Flag Link Tue Jun 3, 2014
Depends on the hot tub. Some are VERY nice and others are average. If it has a VERY nice one, expect to pay for it!

Will Jenkins | http://www.shortysplumbing.ca/boilers.html
0 votes Thank Flag Link Tue Jun 3, 2014
I don't think I've ever heard of a hot tub that wasn't included in the price. I don't think it would change the price of the home either. It would probably just come with the home.
Gary Puntman | http://jadamandsons.com
0 votes Thank Flag Link Mon Jun 2, 2014
It's still the same question and same answer. There just needs to be a "meeting of the minds". The Buyer and the Seller need to decide and establish before signing a contract as to whether or not it's included. We're not talking about something insignificant like a curtain rod or television mount, so everyone needs to be on the same page so there are no surprizes when the Buyer takes possession.

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! 

Joe Stone -Realtor 
Exclusive Homes 
682-777-0836 
0 votes Thank Flag Link Mon Jan 13, 2014
Hot tubs typically go with the home, however if you are concerned about it have your agent include it in the contract.
0 votes Thank Flag Link Mon Jan 13, 2014
Deb, I'd have to pretty much agree with everyone below regarding your questions. EVERYTHING IN REAL ESTATE IS NEGOTIABLE! However, if you are looking in the Keller area and are not currently working with an agent please give us a call. We have one listing currently on the ground with a hot tub and a listing coming soon that also fit that criteria. If you already have an agent, have your agent give us a call, we would love to sell you one of our homes! Best of luck
0 votes Thank Flag Link Sat Jun 15, 2013
Did you notice that this question was posted on February 5th, and everyone else answered it by February 6th?!?!
Flag Sun Jun 16, 2013
A P.S. for the newer Agents out there:

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!

Rick DeVoss

ULTRA Real Estate Services

817-300-6121

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0 votes Thank Flag Link Wed Feb 6, 2013
Good explanation on Addenda and Amendments. So many agents use those words interchangeably.
Flag Sat Jun 15, 2013
Dear Deb,

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!

Rick DeVoss

ULTRA Real Estate Services

817-300-6121

RickDeVoss@Realtor.com
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0 votes Thank Flag Link Wed Feb 6, 2013
Always put it in writing if you want it to stay. Never assume that it stays even if it was written in the MLS. There needs to be an addendum to convey personal property.
0 votes Thank Flag Link Wed Feb 6, 2013
I agree with Amy, you really have to to put something like hot tubs in writing. Otherwise, they may just list it for sale but keep it in your backyard. It actually happened to me in Northbrook IL a few years ago. Very frustrating. http://www.northshorepool.com/spas-and-hottubs.htm
Flag Tue May 14, 2013
I would suggest not focusing on a hot tub as you could always buy a new one and as far as reasons to buy a home this shouldn't even be a consideration. If you've not owned a hot tub I can assure you, that after your initial enthusiasm wears off in the first year or so you'll use it much less than you imagine and will probably wonder why you even wanted one. They require regular maintenance , don't weather well, and if indoors add excessive moisture to your home which you don't need or want. I believe most homeowners who have one if they were being honest would admit that they wish they hadn't bought one. Buying a used hot tub is buying someone else's problem

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.
0 votes Thank Flag Link Wed Feb 6, 2013
Don't ever assume that a hot tub would convey. I've seen sellers leave them and I've seen sellers take them and I've seen them sell them off before they move. A simple addendum to the contract would make it certain that when you move in, you have your hot tub. Remember that everything is negotiable.
0 votes Thank Flag Link Wed Feb 6, 2013
If the hot tub has permanent electrical service to it which is still connected, then it's safe to say the hot tub is therefore attached and can reasonably be considered to convey with the property absent any language to the contrary in the contract form. If there is any doubt, simply include language in an addendum specifying the hot will convey.
0 votes Thank Flag Link Tue Feb 5, 2013
I'm suprised by some of the answers posted so far. Hot tubs can simply be sitting on a patio just like a BBQ grill. Again, it's best to just ask rather than act surprised later and claim that you thought it was included and "attached" to the property.
0 votes Thank Flag Link Tue Feb 5, 2013
You need to ask your Realtor or the person you're buying the home from. Nobody here can tell you for sure one way or the other.... ahhhhh, I mean they shouldn't be able to tell you.

Joe Stone - Realtor
Exclusive Homes
682-777-0836
0 votes Thank Flag Link Tue Feb 5, 2013
The hot tub would be included unless the sellers have listed it as an "exclusion". Whether or not it is excluded should be posted in the MLS. If you have an agent, he or she should be able to find that out for you. If you don't have an agent, feel free to contact me with the property address and I'd be more than happy to get you an answer! http://www.homesbyloisk.com
0 votes Thank Flag Link Tue Feb 5, 2013
Yes, anything permanently attached to a home is a apart of the home price unless exempted by the Seller.
0 votes Thank Flag Link Tue Feb 5, 2013
Not many homes have hot tubs any longer HOWEVER yes that would be included in the sales price or rental amount

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
Multimillion Dollar Sales Producer
972-699-9111
http://www.lynn911.com

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0 votes Thank Flag Link Tue Feb 5, 2013
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