I just bought a house, but my agent and I never discussed th

Fieldsy
Fieldsy Posts: 1,105 Member
edited September 24 in Chit-Chat
I just got this house and I want the washer, dryer, and fridge. My agent and I never went over this to add it in the offer. Now it doesn't say that the owners will be taking it with them, but it doesn't say they will be leaving it either. Whose fault would that be if the owners took everything?

Would it be my agents fault or my fault for not bringing it up?

Replies

  • MissAnjy
    MissAnjy Posts: 2,480 Member
    Yours and your agents. You have to specify what you want in the offer otherwise the homeowners will more than likely take it with them. It's not included in the price they accepted.
  • tjsusong
    tjsusong Posts: 195 Member
    Sounds like a pretty tricky situation. I cant say one way or the other for sure, but if I remember correctly from my contract it has to be written in. Have you checked with the agent yet?

    PS, congratulations on your loss!!! You've done an amazing job!!!!
  • kgs0201
    kgs0201 Posts: 459 Member
    I'm not a realtor or anything but we bought our house a year and a half ago and I'm always a very informed buyer so here's my take on it..

    If the items are not listed as "conveying" with the property then it is within the current owner's rights to take it. When we bought our house the contract had a section that listed all of these type of things (fridge, dishwasher, washer, dryer, curtains etc) and all of the basic stuff was checked as conveying. If no where in the contract says that then you just need to pray they always planned on leaving it!

    Good luck and congrats!
  • tritta01
    tritta01 Posts: 311
    I was told if it was listed in the ad from the previous owners, like has two bedbrooms, three bathrooms, Dishwasher, microwave and washer and dryer they have to leave them since they were listed in the ad. Does that make sense?
  • sweetheart03622
    sweetheart03622 Posts: 928 Member
    Usually the contract says exactly what stays. On the flip side, if the MLS listing said that it was included, they're usually required to leave it, but it's a pain in the *kitten* process to go through. Call your agent and discuss it because that's a hefty extra investment.
  • paulettac
    paulettac Posts: 101
    I'm pretty sure it has to be in the contract. However, since they didn't put in there that they want to take it they'll probably leave them.

    BTW, congrats on the weight loss. That's AWESOME!!!!
  • chuckyp
    chuckyp Posts: 693 Member
    That's something you should have specified as a term of the purchase so I would say it would be your fault. However, many times those things are left for the buyer anyway because the seller either a) wants new ones for their new home or the new home already has them, b) is moving into an apartment with no room for them or they are included, or c) just doesn't want the hassle of moving the large appliances. I left all my appliances in my last home for the buyer because we were wanting all new stuff in our new house to fit the new space and the new decor.
    Have your realtor ask the sellers' realtor if they will leave the appliances. There's a good chance they will, but if they don't you're probably going to have to bite the bullet and pony up for some new appliances.
  • soccermom004
    soccermom004 Posts: 444 Member
    We asked for everything but the washer and dryer because we had one and it was gone when we looked at the house. We advertised the kitchen appliances in the house we sold but excluded the w & d. I appears they could take it all and it would be your problem.
  • Fieldsy
    Fieldsy Posts: 1,105 Member
    I edited my post. I meant to ask whose fault is it...my agents fault or my fault for not going over it. I don't blame the owners if they want to take it. I will know on Sunday/Monday if they are taking it or not. The owners are out of town right now.

    and thanks everyone :)
  • wiggleroom
    wiggleroom Posts: 322 Member
    We've moved several times, and it's always assumed that the appliances will go along with the seller -- they're not permanent fixtures in the home, so they're more like furniture.

    On one of our moves, we specifically asked the buyers if they'd like the fridge because we intended to sell it anyway. They did, so we wrote that into the contract. They actually asked if we'd throw in the piano, too! (We didn't!)

    If it's not in the contract, the seller's taking them. Sorry - hope you can renegotiate. If you can't, you can save oodles on appliances by purchasing the floor models.
  • lesterfaye81
    lesterfaye81 Posts: 20 Member
    I think if you haven't closed yet, you should probably ask if they're going to take them with them and see if they'd be willing to sell. (It isn't your real estate agent's fault btw.)
  • Fieldsy
    Fieldsy Posts: 1,105 Member
    I think if you haven't closed yet, you should probably ask if they're going to take them with them and see if they'd be willing to sell. (It isn't your real estate agent's fault btw.)

    A part of me thinks it is my agents fault for not going over the inclusions/exclusions part of the paperwork with me.
  • Lisa__Michelle
    Lisa__Michelle Posts: 845 Member
    I agree that it is yours plus the agents. You can't change it now. To the sellers though, it is yours. However, I think the agent should have made a comment about whether appliances came with or not.
  • mistawalka
    mistawalka Posts: 108 Member
    It would ultimately be your fault - the only recourse you may have is if the real estate agent had indicated the inclusion of appliances when showing you the property if they are not included - this would tie in with the property advert as someone has pointed out - does it list appliances?. If the advert includes any of the items then the real estate agent would have 'due diligence' to disclose if this has changed at all at the time of drawing up and signing the contract.

    We are just going through the process of buying our first home and all through we've been advised by the realtor/settlement agent/mortgage broker to check all the small print of everything we sign. They all act in good faith on our behalf but ultimately we sign off on it all.
  • Fieldsy
    Fieldsy Posts: 1,105 Member
    mista...it says nothing about appliances whether they are being left or taken. Nothing is in the inclusions or exclusion. By the law of Pa, they have to leave the range.
  • mistawalka
    mistawalka Posts: 108 Member
    I think as far as the law would see it - if the real estate agent arranges a contract that satisfies what you saw 'advertised' and they didn't verbally lead you to believe that the extras were included, then have done their job. However what would make a good real-estate more than just a salesman would have been if they had guided you through the process more to give you the opportunity to question everything. We struck it lucky with our home buying experience as the mortgage broker gave us plenty of things to think about and ask about - even outside of the field of his profession.
  • Fieldsy
    Fieldsy Posts: 1,105 Member
    Worse comes to worse...we can just offer to buy the stuff for a few hundred bucks. It looked pretty old anyhow. I just feel kind of disappointed that my agent didn't bring this stuff up.
  • godblessourhome
    godblessourhome Posts: 3,892 Member
    it's the agent's - they do this for their JOB! that is why you pay 3% for an agent; so you don't have to know what you don't know. they should know to go over inclusions/exclusions, especially appliances.

    if they buyer's end up taking the appliances, talk to your agent about it and they should give you money back from their commission (couple hunfred bucks) for overlooking that.
  • Fieldsy
    Fieldsy Posts: 1,105 Member
    I'm irked too that the agent didn't even apologize for not bringing this to my attention. I know its not a ton of money, but it is just the principal.
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