Home Buying in Atlanta>Question Details

ME, Both Buyer and Seller in Atlanta, GA

SHORT SALE / SELLER COLLECTING AT TABLE

Asked by ME, Atlanta, GA Mon Aug 26, 2013

If a buyer purchased a home with appliances remaining in home, can the Seller legally collect additional $$$ at closing for a basement kitchen?
This should be apart of the sale of home not separate? Is it legal? my understand was all items under that roof is included in short sale. besides personal belongs. Seller states they will take kitchen if not purchased outside of contract... what can be done legally? i'm sure home with appraise less w/o finished basement.

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Answers

6
First off, if the Seller is not providing a Seller Disclosure that details the items that will not be remaining with the home, you as the Buyer have the right to request them as part of your Offer to Purchase. If the Seller is adamant about retaining the kitchen appliances located in the basement, then your offer price should be reflective of the "market" value of the home without the appliances. Secondly, if your Offer includes all appliances to include the items in the basement and the Seller accepts then, those items becomes part of the contract once the contract has been fully executed (signed by all related parties to the agreement).

If you have any additional Questions/concerns related to Short Sales, feel free to contact me to discuss.

Harvey L. Simmons
Solid Source Realty INC.
REALTOR ®, DPP, SFR ®
Phone: (770) 475-1130 ext 8121
Cell: (404) 992-8519
Fax: (678) 840-7815
Email: hsimmons@solidsourcerealty.com
1 vote Thank Flag Link Mon Aug 26, 2013
With that being said, be sure to review the contract in detail with your Closing Attorney and Agent to ensure that it was adequately written to confirm that the Seller doesn't have a right/claim to the appliances outside of the contract and after the closing. If the Seller is contacting you directly to discuss these matters, be sure to disclose that to your Agent as well. If you are not working with an Agent, feel free to contact me to discuss.


Harvey L. Simmons
Solid Source Realty INC.
REALTOR ®, DPP, SFR ®
Phone: (770) 475-1130 ext 8121
Cell: (404) 992-8519
Fax: (678) 840-7815
Email: hsimmons@solidsourcerealty.com
0 votes Thank Flag Link Mon Aug 26, 2013
thanks , for the replies. This contract has the appliances to remain, BUT THE SELLER want additional $$$$ at closing for the kitchen basement...
0 votes Thank Flag Link Mon Aug 26, 2013
You would need to discuss that with your Buyer's Agent and your Closing Attorney.
0 votes Thank Flag Link Mon Aug 26, 2013
The appliances does not mean finished basement. Some do some don't have kitchens. Read your contract carefully. If all items were stated what stayed would have saved this issue. An installed appliance is deemed to remain ie, dishwasher built in ovens etc, Re frigerators are usually considered personal property and can or can not remain subject to the contract
0 votes Thank Flag Link Mon Aug 26, 2013
What does your Agent/Broker say, ME? Your representative knows the contract a lot better than anyone on a public forum could ever hope to do. Please call, text or email if we can provide further assistance. Good Luck!

Michael Hammond
SellsRealty@gmail.com
404-538-5499

http://www.georgiamls.com/agentsite/index.cfm?SiteID=HAMMONDJOHNM

http://www.chapmanhallprofessionals.com

http://www.SellsRealty.org

http://www.city-data.com/

http://www.greatschools.org/
0 votes Thank Flag Link Mon Aug 26, 2013
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