{"id":5395,"date":"2019-07-29T19:45:37","date_gmt":"2019-07-29T23:45:37","guid":{"rendered":"https:\/\/dankrell.com\/blog\/?p=5395"},"modified":"2019-08-02T06:55:47","modified_gmt":"2019-08-02T10:55:47","slug":"take-it-or-leave-it","status":"publish","type":"post","link":"https:\/\/dankrell.com\/blog\/2019\/07\/29\/take-it-or-leave-it\/","title":{"rendered":"Take it or leave it"},"content":{"rendered":"\n
\"take<\/a>
Home staging (infographic from nar.realtor)<\/figcaption><\/figure><\/div>\n\n\n\n

If you\u2019re listing your home for sale with a Realtor, you will likely encounter a one-page disclosure that’s important yet often neglected.\u00a0 The purpose of the \u201cInclusions\/Exclusions Disclosure and Addendum<\/em>\u201d is to communicate with the home buyer what conveys with house and what you intend to take.\u00a0 This helps you decide to “take it or leave it.” If completed as intended, the disclosure can help you avoid a dispute with the buyer after closing.\u00a0 <\/p>\n\n\n\n

It\u2019s understandable that, after completing a stack of listing documents and disclosures<\/a>, home sellers want to quickly check the boxes of the obvious items that convey with the sale.\u00a0 However, in their haste, many sellers overlook or forget about the fixtures they intend to take it or leave it when they move.\u00a0 Common items that home sellers take include the chandelier (and other lighting fixtures), bathroom mirrors, brand new washer\/dryer, or the extra freezer.\u00a0 <\/p>\n\n\n\n

The up-to-date GCAAR <\/a>Inclusions\/Exclusions Disclosure and Addendum<\/em> helps you decide what fixtures and personal property convey.\u00a0 The first paragraph states: \u201cThe Property includes the following personal property and fixtures, if existing: built-in heating and central air conditioning equipment, plumbing and lighting fixtures, sump pump, attic and exhaust fans, storm windows, storm doors, screens, installed wall-to-wall carpeting, window shades, blinds, window treatment hardware, mounting brackets for electronics components, smoke and heat detectors, TV antennas, exterior trees and shrubs. Unless otherwise agreed to herein, all surface or wall mounted electronic components\/devices\u00a0do not convey\u2026<\/em>\u201d<\/p>\n\n\n\n

You\u2019ll notice that the disclosure specifically\nmentions wall mounted electronics and mounting brackets.  This wording was added because new norms\nemerged with new technologies that created disputes about what was considered\n\u201cpermanently\u201d attached.  As wall mounted\nTV\u2019s became commonplace, home buyers expected plasma TV\u2019s to convey and\nunsightly wall mounts to be removed.  <\/p>\n\n\n\n

A more recent technology incorporated into a home that has become commonplace is the solar panel<\/a>.\u00a0 Do they convey or not?\u00a0 Many home owners who install solar panels don\u2019t actually own them, they are leased.\u00a0 Of course, confusion and disputes regarding solar panels have occurred, and are now listed in the Lease Items and Service Contracts section. To help clarify what leased items convey and transfer, the Inclusions\/Exclusions Disclosure <\/em>states: \u201cLeased items\/systems or service contracts, including but not limited to: solar panels & systems, appliances, fuel tanks, water treatment systems, lawn contracts, security system and\/or monitoring, and satellite contracts\u00a0do not convey\u00a0unless disclosed here\u2026\u201d<\/em><\/p>\n\n\n\n

It\u2019s not uncommon for a dispute to arise at the\nwalkthrough because the home seller decides to take a fixture or appliance that\nis not listed as an exclusion. \nRegardless whether the seller misunderstood or had a last-minute change\nof heart, the home buyer may be demanding the return of the item(s).  And since the Inclusions\/Exclusions Disclosure\nand Addendum<\/em> is part of the contract, the buyer may have recourse.<\/p>\n\n\n\n

Take it or leave it?<\/h3>\n\n\n\n

If you\u2019re selling your home<\/a>, deciding to “take it or leave it” may be the last on your mind. But take the time to read and complete the disclosures carefully.\u00a0 When completing the Inclusions\/Exclusions Disclosure<\/em> don\u2019t be afraid to over communicate your intentions about taking or leaving fixtures and appliances.\u00a0 Make sure you list items you will take as \u201cExclusions.\u201d\u00a0 It also helps to tag these items indicating \u201cDoes Not <\/em>Convey,\u201d so home buyers are on notice when they visit.\u00a0\u00a0 Also, don\u2019t forget to identify older appliances or fixtures that are staying, so the buyer doesn\u2019t assume you are removing them.\u00a0 And of course, ask your agent for assistance if you\u2019re unsure if specific items are fixtures and should be listed in the disclosure.<\/p>\n\n\n\n

By Dan Krell
Copyright \u00a9 2019<\/p>\n\n\n\n

Original located at https:\/\/dankrell.com\/blog\/2019\/07\/29\/take-it-or-leave-it\/<\/p>\n\n\n\n

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\"Protected<\/a><\/figure>\n\n\n\n

Disclaimer<\/a>.\n This article is not intended to provide nor should it be relied upon \nfor legal and financial advice. Readers should not rely solely on the \ninformation contained herein, as it does not purport to be comprehensive\n or render specific advice. Readers should consult with an attorney \nregarding local real estate laws and customs as they vary by state and \njurisdiction. Using this article without permission is a violation of \ncopyright laws.<\/p>\n","protected":false},"excerpt":{"rendered":"

If you\u2019re listing your home for sale with a Realtor, you will likely encounter a one-page disclosure that’s important yet often neglected.\u00a0 The purpose of the \u201cInclusions\/Exclusions Disclosure and Addendum\u201d is to communicate with the home buyer what conveys with house and what you intend to take.\u00a0 This helps you decide to “take it or … <\/p>\n

Continue reading “Take it or leave it”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[123,382,256,13],"tags":[1198,865,912,1200,797,1199],"class_list":["post-5395","post","type-post","status-publish","format-standard","hentry","category-home-sale","category-home-seller","category-home-selling-tips","category-real-estate","tag-fixture","tag-home-sale","tag-home-seller","tag-inclusions","tag-real-estate","tag-what-conveys"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p1VZLf-1p1","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"jetpack_likes_enabled":true,"_links":{"self":[{"href":"https:\/\/dankrell.com\/blog\/wp-json\/wp\/v2\/posts\/5395","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dankrell.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dankrell.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dankrell.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dankrell.com\/blog\/wp-json\/wp\/v2\/comments?post=5395"}],"version-history":[{"count":3,"href":"https:\/\/dankrell.com\/blog\/wp-json\/wp\/v2\/posts\/5395\/revisions"}],"predecessor-version":[{"id":5438,"href":"https:\/\/dankrell.com\/blog\/wp-json\/wp\/v2\/posts\/5395\/revisions\/5438"}],"wp:attachment":[{"href":"https:\/\/dankrell.com\/blog\/wp-json\/wp\/v2\/media?parent=5395"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dankrell.com\/blog\/wp-json\/wp\/v2\/categories?post=5395"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dankrell.com\/blog\/wp-json\/wp\/v2\/tags?post=5395"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}