The standard Minnesota Association of Realtors Purchase Agreement (which most real estate agents use) includes "...window shades, blinds, traverse and curtain and drapery rods..." (lines 17-18) but you will note it does not include the draperies themselves. If you didn't ask for them specifically in the Purchase Agreement there is no reason that the seller should have left them behind.
If you didn't call them out specifically and your agent told you that they were included, it might be time to call their broker and have a conversation about who is going to buy you new drapes for your house.
If you did call them out, it is time to call your agent and have them call the seller's agent to get them back.
If there was no discussion on the matter whatsoever, you just learned a potentially expensive lesson in knowing exactly what you are signing.
Best of luck to you as you sort this out.
Keller Williams Premier Realty
This is a great question! It gives us a chance to talk about sellers property disclosures, among other things. USUALLY (I say usually because I don't really know the circumstances in your transaction), the seller will fill out a sellers' property disclosure form, on which they will indicate what will be staying and what will be going from the property. Did you have one of those?
OR, there may have been a sellers' property disclosure alternative form. That form doesn't say anything about what's staying/going, so you'd have had no idea whether or not the window treatments would be removed.
ALSO, in a paragraph on the first page of the purchase agreement, there is a "laundry list" of things that would ordinarily be considered part of the property. ON that list is blinds, shades and DRAPERY RODS. So that means the sellers would have had to leave any blinds or shades, but not necessarily curtains, only the RODS. The reason for that is because the law considers the RODS an appurtenance, or permanently affixed to the structure in some way.
Did you not have a final walk through, Jill, to see what the house looked like before you closed? If not, that's a shame. What does your agent say??? I would really like to know how this turns out. Keep us posted!!!