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Layla | Can the seller do this? |
My husband and I are buying a house. We signed a contract a couple of weeks ago, and we close on the house Thursday.
Now, the owner has decided that the mailbox is hers, and that she also wants to dig up and keep a couple of large plants in the yard.
It's not that big of a deal, really. But it is a bit of a hassle, and more money that we're going to have to spend moving in. Can she legally take these things from the house after we've already signed a contract?
Additional Details
We are not using a realtor.
It's not that it's a big deal (as I've already mentioned!). But it's just a pain. The seller is driving us crazy. She's been incredibly demanding, doesn't want to have any inspections done that she 100% doesn't have to, made US pay to have the electricity turned back on so the general inspection could be performed, and is not paying one single cent of the closing costs. This is just one more irritation, so I was just curious. Thanks to those who didn't give me patronizing answers, though! |
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Jäger
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No, she's not supposed to remove these items unless it has been stated in the contract. Get with your Realtor and discuss what can be done. If she wants these items, she will need to compensate you for them. |
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I Buy And Sell Houses
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Check with your Realtor.
Those items convey with the property unless they were excluded in the purchase contract. So, no, if they weren't excluded as conveying with the property, then she can't take those things from the house.
At the very least, counter with some requests of your own. Ideally, they'd be things you really want. But don't let her do that without you at least demanding something in return. However, as I already noted, unless the contract said that those items do not convey, then they legally do convey to you.
Again, check with your Realtor. |
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chatsplas
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READ your contract! Talk to your attorney and realtors. She CANNOT legally do this. Normal contracts include planted vegetation and fixtures. You need to give her notice immediately that this is unacceptable and violates the terms of the contract.
Be prepared to negotiate something: if they are really special to her, make her replace plants and mailbox with something satisfactory to you. |
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Purple
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Read your contract and see if these items were specified in the contract. There is a page in the contract which list items that are to be conveyed with the home, if the mailbox and plants are NOT on that list they are yours! If she tries to take those items and she is not entitled to them call the police on her for trespassing.
You could also call your Real Estate Agent to ask if these were to be included in the sale. |
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Your #1 fan
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Yes, and read your contract to make sure what they are leaving is there when you move in. I doubt there is a mention of them leaving a mailbox and a couple of plants. |
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Marysue
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You need to talk to your buyer's agent about what's considered a fixture in your area. If these count as fixtures, she cannot take them. If they're not, she can. |
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glenn
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If she is now planning on keeping the mailbox, I wonder if she is also going to keep the light fixtures, the carpet, the oven, the shingles on the roof?
Read your contract and get a lawyer. |
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godged
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Anything like landscaping and the mail box would have had to be excluded in the contract, but since she didn't do that, she is not entitled to them.
The closing costs are the buyers responsibility, but if you wanted her to contribute, you would have had to stipulate that in the contract.
Dealing with demanding sellers is the reason you employ the services of a Realtor, but this is something you are learning after the fact. Since the seller is overstepping the boundaries of the contract, you can point that out to her. If she continues to do so, you are going to have to retain the services of an attorney.
But since you indicate this is not a big deal, you may just want to let her continue to roll over you. |
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Alterfemego
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This is why you need someone looking out for your interests. No she should be able to just take things unless it is specificially written into the contract. And she does have to provide reasonable access for inspections, if she doesn't I would walk away. She also should provide you with a sellers disclosure on the materials facts of the property. Because it sounds like you are down the path a ways on this purchase, I suggest you either hire an attorney, or bit your lip and close the deal. |
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Sherri T
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I would imagine it would make a big difference what state you are in to understand for certain what the real estate law regarding this is.
In Michigan, you cannot do this unless there is a specific exclusion, but as stated by others, you'll want to check with your Realtor to be certain. |
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Patrick
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The general rule is that if something is affixed to the property it is sold. There can be exceptions to this if it is stated in the contract.
For example, all fixtures inside the house are considered sold with the house unless it states "dining room chandelier will not be sols with the house" or something to that affect.
If the plants are planted in the ground then they were sold with the property and the owner cannot take them unless it was stated in the contract.
The same holds true for the mailbox. If it was attached to the building or attached to a pole that is permanently affixed in the ground then it was sold with the property and cannot be taken.
If the owner wants to take them then they are changing the contract. I would suggest you negotiate that the sale price will be lower to cover the cost of replacement for what is bgin taken. Drop a few hundred dollars of the price. Be sure to clearly identify which plats are being taken and what exactly is being taken with the mailbox. |
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kimmamarie
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Yes. Unless it states that it stays in the contract, then she can take it. Why are you fussing about a mailbox or a few large plants that my have sentimental value to her? Plant your own and a mailbox cost $9.00 at Home Depot. |
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