Home Buying in 02864>Question Details

Captainobvvi…, Home Buyer in 02864

Question about fixtures - Short sale

Asked by Captainobvvious, 02864 Wed Dec 28, 2011

I have had my short sale offer accepted by the sellers and am waiting for bank approval.

It dawned on me when I was looking at pictures of the house that I took that we never talked about the beautiful chandelier that is above the entry way.

It was there when we were shown the house... I recall the seller mentioning that they intended to leave it there though nothing is in writing... When it came time to sign papers I didn't think it had to be in writing as it is a fixture.

Can they legally remove this before closing and replace it with a light bulb? Or is it a fixture in the house that I should expect to be left there? If it had been removed before I saw the house that's one thing but I would think my expectations now should be that fixtures remain.

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Answers

4
Capt...

It's time to put your agent to work for you. Have them advocate mentioning that your understanding based on the seller's own words was the chandelier was remaining with the home.

With foreclosures there is a multitude of items that "walk" at various times. This should not be the case however, with short sales. Generally, light fixtures stay with the property unless it is stated otherwise in writing on the listing agreement or purchase agreement. In my opinion, if the light was there when you saw the home and the seller said, "it will stay" then it should be in the home at closing.

Good luck,

Bill
0 votes Thank Flag Link Thu Jun 20, 2013
Good question Captainobvious. I wouldn't count on it unless you have something in writing. Although the below comments are correct on a normal transaction, a short-sale is much different. In most cases the current owner will receive $0 or if under certain government programs up to $3000 in moving expense. In either case some former owners sell off their fixtures, in order to recoup some of their money.

Don't leave this to chance. Make sure someone puts in writing that the chandelier will remain with the property. Otherwise indicate you will not close if it is removed or a replacement, or cost of replacement is credited to you. Unfortunately Short sales are a very emotional experience for the former owner especially if they lived there, and although better than a foreclosure; many owners end up in a I don't care attitude. I had a short sale former owner that sold everything he could get his hands on even after the contracts were all completed.

Good Luck and protect yourself.

Rob Hughes-Long and Foster Real Estate INC.
0 votes Thank Flag Link Wed Dec 28, 2011
In a traditional sale the fixture would stay unless it was disclosed in writing at the time of the listing agreement with the listing agent. Since you viewed the home and then made the offer with the assumption that the chandelier was included, it should remain in the home. But I would get clarification from your agent and then get an addendum stating the chandelier is to remain in the home. Don't leave it to chance because after the close of escrow, it's much more difficult to negotiate. Do a final walk through prior to closing escrow as well. The seller can't just take items that are "attached" to a home without disclosing it.

Good luck!

Gordon Buck
gbuck@mghometeam.com
http://www.MGHomeTeam.com
DRE#: 01857349
0 votes Thank Flag Link Wed Dec 28, 2011
Great questions...for your agent...
0 votes Thank Flag Link Wed Dec 28, 2011
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