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.)
More great tips at: http://www.RealTerrific.com
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
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.
Unwavering Commitment to Service, Unsurpassed Results
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.
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.
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
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.