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Saturday, April 7, 2012

What Items Convey with the House? Avoid Confusion in the Listing and the Contract

Buyers are occasionally surprised at their final walk-through to discover that the gorgeous crystal chandelier that they so admired when they wrote their offer on the house has been removed by the Seller.  The Seller of course, then explains that the light fixture in question had belonged to their Great Aunt Minnie so of course they are taking it with them.  So who is right?

Section 1(g) of the Arizona Purchase Contract has an extensive list of fixtures that, if existing on the property, shall be a part of the sale.  That list includes light fixtures, most appliances (other than refrigerator, washer and dryer), landscaping, built-in speakers, attached floor coverings, window coverings and lots more. So the answer per the contract?  Aunt Minnie's chandelier should stay with the house.

So if you are thinking of selling your Tucson home and there are fixtures (generally any attached item) that have meaningful significance to you, then talk with your real estate agent before you list the home.  You should list those in the listing if possible and place a small sign on the item.  And be sure that a purchase contract on your home specifically excludes any fixtures (such as Aunt Minnie's chandelier) that you want to take with you.  Better yet, remove those special fixtures before your Tucson house goes on the market and replace them with something equally beautiful. 

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