Home Buying in Minnetrista>Question Details

Jill, Home Buyer in Saint Bonifacius, MN

I bo I closed on a house in which the window treatments were included. When we got to the house, the curtains were gone. Can I get them back?

Asked by Jill, Saint Bonifacius, MN Sun Jul 21, 2013

Aren't curtains considered a soft window treatment?

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Was it on your "Bill of Sale" at closing with the other personal property?
0 votes Thank Flag Link Mon Jul 22, 2013

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.

Cameron Piper
Keller Williams Premier Realty
Web Reference: http://www.CamPiper.com
0 votes Thank Flag Link Mon Jul 22, 2013
Traditionally window treatments are included in the sale of the property unless otherwise stated. This is a good lesson on always doing the final walk thru right before closing to avoid in the future, but yes ask your agent to figure this out for you.
0 votes Thank Flag Link Mon Jul 22, 2013
Hi, Jill!

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!!!

Good luck~
0 votes Thank Flag Link Mon Jul 22, 2013
I always take my clients on a just before closing walk through to make sure the items listed on the PA remain IF they are gone, we can iron the details out at the closing or just before. I am sure your agent can help you with this. Liz, 612-986-4105
0 votes Thank Flag Link Sun Jul 21, 2013
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