Home Selling in Brooklyn>Question Details

Ethelrapp, Renter in Brooklyn, NY

Weird question, who gets the furnishings when a home is sold?

Asked by Ethelrapp, Brooklyn, NY Thu May 23, 2013

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Dear Ethelrapp:

Usually there is a stipulation in the contract that the home will be delivered "clean and broom swept". This basically means that all personal belongings including furniture should be removed and the house should be delivered completely empty. If there is specific conversation between the buyer and seller about any personal items which may be staying, included in the sale and/or purchased by the home buyer, this would have to be stipulated in the contract of sale.

If as a buyer you want the seller to include all or any of the furnishings, you need to state that in your offer so that it is clear. Keep in mind that with most real estate transactions the appliances (stove, fridge, dish washer, washer and dryer) do not count as personal items and in most cases are left in the house. Even with that, there is always a list of appliances that are included in the sale placed into the contract of sale (there could also be times were the appliances are NOT included so you want to check on that before you make an offer.

If I can be of further assistance, please contact me direct. Good luck!

Sincerely,
Mitchell S. Feldman
Associate Broker/ Director of Sales
Madison Estates & Properties, Inc.
Office: (718) 645-1665/ Cell: (917) 805-0783
Email: MitchellSFeldman@aol.com
0 votes Thank Flag Link Fri May 24, 2013
There are no weird questions...The furnishings belong to the seller. You are purchasing the home, not the belongings (unless the seller has included it in the sell).

If you really like their furniture, perhaps they might be willing to sell it to you along with the house. Saves them from moving it and maybe they are ready for new stuff. ask...it couldn't hurt.
0 votes Thank Flag Link Thu May 23, 2013
The funitures belong to the house owner? or you mean the model room? if so seller's agent pay for the furnishings.
0 votes Thank Flag Link Thu May 23, 2013
Unless agreed otherwise, furnishings with the exception of fixtures belong to the seller...
0 votes Thank Flag Link Thu May 23, 2013
Not a weird question at all.

First, look to the contract. It may specify some of that. For instance, the seller might have indicated he/she wants to keep the drapes or other things that typically might be left behind.

Also, when making an offer, if YOU see something you want, include that in the offer. Drapes, chairs, tables, whatever.

If the contract is silent on that (and I'm not a lawyer, so this isn't legal advice), typically the seller has the right to take everything that isn't permanently affixed. So the seller has the right to take the sofas, chairs, tables, etc.

There are gray areas--that is, it varies geographically--on what's typical for appliances. Where I am, the appliances stay. In other areas, the sellers take the appliances.

The seller shouldn't be taking things that are attached--chandeliers, ceiling fans, etc. But that's negotiable, and a surprising number of sellers do want to take some of the lighting fixtures. If that's in the contract, then it's OK.

If the house is sold and there are still furnishings in the house, generally ownership transfers to the purchaser. So if the seller left behind carpets, chairs, tables, etc., that's now the buyer's property.

Check with your Realtor for more information.

Hope that helps.
0 votes Thank Flag Link Thu May 23, 2013
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
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