This is my final and fourth post for this case study.
For reference, here are the three previous posts:
Case Study: Move-Up Buyer – Part I
Case Study: Move-Up Buyer – Part II
Case Study: Move-Up Buyer – Part III
We negotiated the most important repair items and the seller completed them despite weather-related delays while replacing the water-damaged siding.
The appraisal was completed and came in $2,000 above the purchase price.
Two days prior to our 2/28 closing, we did our walk-through and discovered that the home was not in the same model-home condition as when we made the offer to purchase.
That was somewhat understandable because the sellers were preparing to move, but I became concerned when I noticed that the sellers were in the process of removing curtains and rods.
Both the listing and the purchase and sale agreement specified no exclusions; thus the curtains and rods were to remain with the property.
I raised the issue with the listing agent that day and she said she would talk with her sellers and get back to me.
Then, on closing day, I again raised the issue with the listing agent and she informed me that her sellers had removed all of the curtains and rods.
The listing agent went on to explain that the curtains and rods weren’t really attached and that it was perfectly okay for them to take them.
At that point, I placed a hold on the closing, contacted the listing agent’s broker, and insisted that the curtains and rods be returned to the property by 4:00 that day or we wouldn’t close.
The listing agent’s broker agreed with me, but the seller refused to return the curtains and rods.
The solution?
I had the agent write a check to my buyer to compensate her for the missing curtains and rods.
When I delivered the keys to my buyer later that afternoon, we discovered the house had not been cleaned and the sellers had left an enormous pile of trash (including a gas BBQ) in the driveway for trash pickup.
My buyers hired professional cleaners to clean the home before moving in.
All in all, one of the ugliest closings I have ever had, all because the listing agent failed to disclose that her sellers wanted to remove the curtains and rods.
Footnote: We closed last Thursday and my buyer called me two days ago, asking why the listing agent hadn’t removed her sign.
Ashley Heath says
Phil- Thank you again for everything. Even with the house being left a mess and all the drama that occurred that last week- I couldn’t be happier with our new home! NOW- I just have to get unpacked and completely clean (to my high standard) so I can enjoy it! 🙂
BTW- the “for sale” sign is still at the side of the house. 🙂
philhoov says
Hi Ashley ~
Glad you’re happy with your new home!
Just wish it had gone more smoothly for you.
Robert says
Interesting discussion about the curtains and rods. I recall from my real estate class that curtains and rods become “fixtures”, but I guess the curtains themselves are debatable. What are the laws for the State of Idaho in this regard? Regardless, it is good practice for agents to discuss these items with their clients. My wife made custom curtains for a previous home in Arizona. They were very nice and the fabric wasn’t cheap. When we were about to sell the home, the agent was good to inform us that if we wanted to take the curtains with us that we would need to exclude them in the sales contract up front. The buyer loved them and requested to keep them which flattered my wife, so they got ’em. Later, in a rental, my wife again made custom curtains. When we moved out we left the rods that we had paid for and installed, but took the curtains with us. Not sure if that was right or wrong.
philhoov says
The rods, being attached, would seem to be indisputable.
The curtains could possibly be debatable, but I have never, ever had a seller remove both.
Anything that’s attached should be excluded from the listing and reconfirmed in the purchase/sale agreement if it is going to be removed and taken by the seller.
Idaho law is imprecise on this, according to the Idaho Real Estate Commission.
All of my offers when representing buyers, from here on, will include language specifying that the existing window coverings are to remain with the property.