Home Buying in San Diego>Question Details

lori.low, Home Seller in San Diego, CA

We have 2 wall mounted TV's on brackets. Do the brackets &/or tv's count as part of the structure & must be left if the buyer did not specify this?

Asked by lori.low, San Diego, CA Wed Aug 14, 2013

we are FSBO and so have no agent to ask except the sellers.. who we frankly do not much trust!
Thanks for any input

Help the community by answering this question:

Answers

17
John Arendsen’s answer
Frankly most buyers would probably have different preferences, ideas, locations, sizes, etc. for TV wall brackets. They'd probably love to have them removed as long as you patched and painted the entire walls and didn't just attempt the dabble approach. YUK!
0 votes Thank Flag Link Wed Oct 16, 2013
I do not believe that the sellers have to leave the brackets behind, but I'm not a lawyer. It doesn't matter if something is attached to the property or not. If you want it, then it's needs to be written into the original purchase contract. There are laws, with guidelines, that allow you to test whether or not something is "Attached". However, the best way to avoid a disagreement is to write it into the contract whether it fits the standard or not. That way there is no question for either party.

J.R. Thrasher
http://www.SanDiegoRealEstateVeterans.com
(619) 929-0105
1 vote Thank Flag Link Wed Aug 14, 2013
Hi Lori,

This is our advice to people working to sell their own property, "real estate transactions are complex, and hence, you may really want to consider professional representation".

As Sinead stated, you cannot have it both ways. You want our advice and not have the the representation a professional can provide.

We suggest you use Google for your answers rather than continuously posting here. We do apologize if you find our response abrupt, just know you have to abide by what the contract states.

Best of luck to you,

Mark & Kari Shea
Shea Real Estate
National Association of Realtors
CA DRE License 01713506
1 vote Thank Flag Link Wed Aug 14, 2013
This is what realtors and attorneys get paid to negotiate for you. For mortgage help, call or email for a free pre-approval in less than 10 minutes. We lend our own money and are licensed in 49 states.

We can do: FHA, Conventional, USDA, VA, HARP, Interest Only, Home Equity, Fixed, and Variable. Find out which product is right for you by calling Brad at (855) 415-5626.

Brad Neumann
Sr. Loan Officer
Crosscountry Mortgage Inc.
Toll Free: (855) 415-5626 ext. 5734
Email: bneumann@myccmortgage.com
NMLS# 948036
0 votes Thank Flag Link Sat Nov 9, 2013
All questions like this need to be addressed in a written agreement to purchase a home. Having said that most contracts say what is attached stays with the home but i doubt the intention was to have a TV stay which is why the California Association of Realtor s have specific forms and disclosures that specify what stays and what goes. The forms alone do not resolve these issues because i think most buyers and sellers assume the TV is a personal item and would go with the seller unless he made it a part of the benefit of buying the home. Even if he did a buyer should list what he expects to have remain in the purchase agreement. Agents do have a great value in seeing these issues ahead of time and also in acting as go between in resolving issues like these as they come up. Remember sellers (and buyers) are very stressed when it comes to moving. It is always best to look at whether it is the right home than stress over furniture. The appreciation of the home in just the last few months way overshadows a TV. I hope i helped. Enjoy your new home:).
0 votes Thank Flag Link Sat Aug 17, 2013
All questions like this need to be addressed in a written agreement to purchase a home. Having said that most contracts say what is attached stays with the home but i doubt the intention was to have a TV stay which is why the California Association of Realtor s have specific forms and disclosures that specify what stays and what goes. The forms alone do not resolve these issues because i think most buyers and sellers assume the TV is a personal item and would go with the seller unless he made it a part of the benefit of buying the home. Even if he did a buyer should list what he expects to have remain in the purchase agreement. Agents do have a great value in seeing these issues ahead of time and also in acting as go between in resolving issues like these as they come up. Remember sellers (and buyers) are very stressed when it comes to moving. It is always best to look at whether it is the right home than stress over furniture. The appreciation of the home in just the last few months way overshadows a TV. I hope i helped. Enjoy your new home:).
0 votes Thank Flag Link Sat Aug 17, 2013
Hi Lori
Check out my fsbo tips. I have a network of really good agents if you need a free referral. Best Wishes, Gerry
http://www.youtube.com/watch?v=AAOVoR7LFvY&sns=em
0 votes Thank Flag Link Sat Aug 17, 2013
That is personal property the buyer did not request them Removed them and patch the wall. If the did the would be asking for your TV too. I am positive They will be happy to see a nice wall with no holes. Don't worry. That is not a permanent structure. I am also Licensed Real Estate I just do not practice.
Brook
0 votes Thank Flag Link Thu Aug 15, 2013
I believe that the answer to your question would have been found in paragraph 8.C. of the purchase contract used by most Realtors in California if you had used a professional instead of going it on your own. If you cannot find an answer to your question in the document that you have used…good luck.
0 votes Thank Flag Link Wed Aug 14, 2013
If it is not specified in the contract AND it was not included in the advertisement of the sale of the property, then it would not be expected to be part of the sale. This is personal property and if the Buyer expected it to be included, should have specified it in the purchase agreement.
0 votes Thank Flag Link Wed Aug 14, 2013
If it wasn't specified in the contract, that could end up being a legal issue.
0 votes Thank Flag Link Wed Aug 14, 2013
my advise is in the contract specify what's included in the sale...
0 votes Thank Flag Link Wed Aug 14, 2013
Disclose, disclose, disclose! If you do not specify in the MLS what is excluded then you can open the door for issues. The same goes form light fixtures, fans, etc... If you put it in the MLS and make sure it can be located within your disclosures you are entitle to take the items. There can be a fine line between real property and personal property but it can be drawn.
0 votes Thank Flag Link Wed Aug 14, 2013
There is no MLS, it's a FSBO.
Flag Wed Aug 14, 2013
Hi Lori,

Did you know that the Realtor's commission is almost always paid by the seller? I would recommend that you hire a Realtor that can protect your best interest in your purchase. If we are paid by the seller, why not? Let me know if I can help.

Regards,

Brian Aarestad
Prudential California Realty
Home Services of America, A Berkshire Hathaway Company
Cell: 858-525-3262
Fax: 619-521-0100
DRE # 01839557
baarestad@pcrcc.com

Your referrals determine my success. Please tell your family, friends and co-workers about me.
0 votes Thank Flag Link Wed Aug 14, 2013
Lori, Those are negotiable just like your refrigerator, washer and dryer. Most times during our home inspections here in San Diego the sellers take their TV's and bracket, and all I see are the holes and cabling left behind.

Good luck with your sale.

Darin Redding
Housecall Property Inspections
http://www.housecallPI.com
619-663-8740
0 votes Thank Flag Link Wed Aug 14, 2013
Thank you for your helpful response Darin. I appreciate it and will stop asking questions now. :) Lori
Flag Wed Aug 14, 2013
Hi Again Lori,
Yikes! This is not the way to buy a $100K plus investment!! This is the 2nd question you have asked the forum and I am very concerned for you in this transaction! You cannot possibly cobble together what should and should not be done in a real estate transaction via questions on a website. You need a Realtor!

It's hard to answer your question without seeing the contract that you used.

Good Luck!
​Sinead McAllister-Clifford
Real Estate Broker/ Realtor®
Trulia®'s #1 Recommended Broker in Oceanside, Carlsbad, Cardiff, Bonsall & Vista!
McAllister Homes Real Estate
Residential Sales & Property Management
http://www.McAllisterHomes.com
License 01366009
858-205-5215 CELL
info@mcallisterhomes.com EMAIL
0 votes Thank Flag Link Wed Aug 14, 2013
Hi Lori, PLEASE Contact me for Realtor professional representation. If you are asking this question, you will be better protected with your own Agent. This is an negotiable item. Let's Chat soon!! Maureen@landangel.com or 760 622 6855
Web Reference: http://www.coastal.biz
0 votes Thank Flag Link Wed Aug 14, 2013
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer