Home Selling in Rumson>Question Details

Marlis Dunn, Other/Just Looking in Saint Pete Beach, FL

can the seller remove the appliances (refridgerator and range) as they are not part of the house?

Asked by Marlis Dunn, Saint Pete Beach, FL Sat Oct 1, 2011

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18
Even if the seller states that the refrigerator, chandelier, window treatments, washer & dryer or other appliances are excluded in the sale, as a buyer you can still write in your offer that the refrigerator, washer & dryer, chandelier, etc. are to be included in the sale.
These are items that can be reconsidered or counter-offered afterwards if need be. Like having more pawns in a game of chess; as a buyer, you might want to have as many bargaining tools open to the seller as possible, so that the seller will have more things to contemplate from when considering a counter offer. Does that make sense? (Not sure if it was worded with clarity or not.)

Jane
More great tips at: http://www.RealTerrific.com
1 vote Thank Flag Link Sun Oct 2, 2011
As a rule, anything that is considered a FIXTURE is part of the house:
A FIXTURE is anything that is ATTACHED; such as a Curtain Rod, Carpets, Doors, Washer and Dryer, Micro/Vent, Water Heater, etc. You can work this out.

When we write up a LISTING, we ask the Seller what they want to Take/Exclude and we Exclude those items on the Listing Agreement. If the Seller wants to take the Ceiling Fans, Towel Bars and Stove, they MAY; there is no law that they can't.

If the Sellers take an item that falls under HEALTH & SAFETY, (particularly with an FHA loan for the Buyer), then they will have to be replaced by someone; the Seller or the Buyer.

We have seen Sellers take $250 Ceiling Fans and replace them with $65 Ceiling Fans; that's fair.
They can take a $3500 Viking Range and replace it with a $150 Hotpoint from a Garage Sale. that's fair.

The important things are that they are spelled out in the Contract and possibly disclosed in the Transfer Disclosure Statement.

Good luck and may God bless
1 vote Thank Flag Link Sat Oct 1, 2011
Not the stove, a stove is required to stay. However it can be replaced with a different stove. But the refrigerator and other appliances can be removed by the seller. The buyers contract should pre-specify in full detail what it is to stay in the house as part of the buyer's offer.

Jane
http://www.RealTerrific.com
1 vote Thank Flag Link Sat Oct 1, 2011
Yes you can remove anything that is not mentioned in the contract.
0 votes Thank Flag Link Sun May 1, 2016
All depends on how the listing is written for appliances, and what is written in the purchase offer and what develops during attorney review.
Tom Hinz http://www.shortsaletosell.com
0 votes Thank Flag Link Wed Jun 17, 2015
It would depend on the loan type of the buyer, the agreement in the contract or the renegotiations as the transaction proceeds. This is a case by case answer depending on several things. Including the needs of the seller and buyer and if the appliances contribute a value.
0 votes Thank Flag Link Mon Feb 23, 2015
Cindy,

Why not post this question in a Florida forum. You are getting answers from NJ Realtors, unless you are planning on moving to the NJ area.

If the lisitng says the refrigerator and stove are "excluded" from the sale then yes they can remove them, but some areas, won't issue a certificate of occupancy without a stove, and if you are getting an FHA or VA loan there MUST be a stove in the home prior to closing.
0 votes Thank Flag Link Wed Jun 27, 2012
CK - Are you in the market for anything?

http://www.jskronski.remax-nj.com
0 votes Thank Flag Link Wed Jun 27, 2012
Anything can be removed IF it's part of teh listing agreement. When taking the listing, MAKE SURE your agent lists what you'd like to exclude. Depending on the town's certificate of occupancy, as long as you have smoke detectors, carbon monoxide sensors and a fire extinguisher, you're good to go. Now if there's a mortgage company involved, specifically FHA, gotta have that stove.
Good luck!
Kathy
0 votes Thank Flag Link Wed Apr 18, 2012
The seller may remove the refridgerator but the stove has to stay at least in NJ as no C/O will be issued without a stove in place. A seller can certainly take a high-end stove with them but must replace it with a stove of lesser value. As far as the rest even if an item is listed as not inclluded the buyer can still ask for it to be included when the contract is written or the seller may choose to include an item that was originally listed as not included as part of the negotiation isn't that what negotiation is all about.
0 votes Thank Flag Link Mon Oct 3, 2011
This is definitely a question about fixtures - a permanent fixture is something that is considered attached to the property and can no longer be removed from the property by the seller, unless explicitly excluded in the disclosure/listing. If I understand there to be absolutely no disclosure from the seller about the removal of these items, then I would argue if I were you, that these items are real property and belong to the house. You have a good case here especially since the house was showcased with these items. You will, however, have a harder time arguing that the fridge is a fixture because it is not inherently permanently attached. It can simply be removed by pulling the plug out. Typically, items such as curtains/drapes do not belong to the property and can be removed without any disclosure. Those items are considered to be personal property. Speak to your realtor and attorney, and try to negotiate something favorable. Best of Luck!
0 votes Thank Flag Link Sun Oct 2, 2011
I'm with Francesca on this one - I think the range has to stay but frig can go. But as all have reinforced, what is included/excluded should be clearly understood from the listing with reinforcement from the Seller's Disclosure - I recommend looking at both and also asking to avoid surprises.

Best,
Jeanne Feenick
Unwavering Commitment to Service, Unsurpassed Results
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Sun Oct 2, 2011
Cindy,

Basically the seller can take whatever they want out of the house including a Viking stove, a high end refrigerator, curtain rods, curtains, chandeliers, washer/dryer, etc. However, anything they are NOT including in the sale should be disclosed in the listing, and if they are being replaced that should be disclosed as well.
I recently sold a home where the dining room chandelier was a family heirloom, and the seller replaced it prior to closing, but this information was disclosed in the listing agreement AND in the MLS listing as well. I had another where the seller just paid $2000 for a refrigerator and took it with them. They sold the house but disclosed that it was not part of the sale AND they were not replacing it with another one.

Usually no one take the stove, but it can happen. I know it's frustrating to look at a home with all the fancy appliances, lovely curtains/blinds , ceiling fans etc only to find out they aren't included in the sale. Your agent should verify all included items, and mention them specifically in the contract of sale so there is no confusion.
0 votes Thank Flag Link Sun Oct 2, 2011
My understanding is that when the refrigerator is connected to a water supply for ice making, water filtration, etc, you cannot remove it. It then is connected to the structure and is considered a fixture.
Most importantly in NJ is whether or not something is included/excluded when the listing agreement is written up and then as a buyer, whether or not you state in the contract of sale what you want included. I have seen offers written up that state what is included/excluded is per the MLS listing agreement, and there is nothing. Then on walk through, the buyers find out that the sellers have stripped the house of most everything. Be sure to have clarification when you write up your offer.
Web Reference: http://www.dianeglander.com
0 votes Thank Flag Link Sun Oct 2, 2011
Cindy,

It appears that you have your answer as in my view everyone is right on targe. The range is conisdered a fixture and MUST stay, but the refrigerator is optional. Most often it is included.

Francesca Patrizio, Broker Sales Associate, ePro, SRES
Francesca@PatrizioRE.com
732.606.2931 (Cell/247)
Web Reference: http://www.PatrizioRE.com
0 votes Thank Flag Link Sat Oct 1, 2011
The Sales Contract will refer to these items. Usually a range cannot be removed, but it really depends on the exact situation. If you are unclear of what your Sales Contract says, ask your agent (or if you have a real estate attorney, you should ask them).
0 votes Thank Flag Link Sat Oct 1, 2011
Cindy,

The listing sheet should list what is excluded from the sale (such as fridge, washer/dryer, etc.). Sometimes a buyer will write their offer including these items. The stove/range must stay but a refrigerator is personal property and unless it was agreed upon that it was included in the sale, the seller does have the right to take it when he/she moves.
0 votes Thank Flag Link Sat Oct 1, 2011
If the home was listed with a Realtor, the listing usually says what is excluded and included. Then if you have entered into contract, the contract will state what is included and excluded. You need a stove in order to get a Certificate of Occupancy. Sometimes, the sellers switch out the stove with another one. The other appliances are not needed. Is this a short sale or pre foreclosure? I have seen this situation happen where the house was stripped completely even down to the landscaping! I hope this answer helps. If you have more questions, please feel free to ask. Bridget DiMIsa Bruno Gloria Nilson Realtors RUMSON NJ
0 votes Thank Flag Link Sat Oct 1, 2011
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