What Happened to the Curtains?

Whether you are a buyer or seller, there may come a time when you are either touring a home or about to sell one when you look around and wonder if that amenity should come with the house or not. For example, it may seem logical that items such as curtains which were specially made for the room and match the carpet, chandeliers, certain appliances, or even barstools that were custom made should stay with the house. However, it all comes down to what the buyer and seller specify in the purchase and sale agreement.
Listing agents need to point all of the ambiguous items out during the tour with the seller and determine which the seller is willing to part with or include in the listing. If a seller is willing to include all the high-end chandeliers, that can become a strong selling point – if the buyer wants them.
If a buyer doesn’t want certain items that the sellers intended to leave behind (such as outside play equipment, hot tubs, refrigerators, etc) then it is important to include in the contract that those items are to be removed by the seller – or else the buyer may be surprised at the walk-through if they thought they would travel with the seller.
However, fixtures that are attached, such as fountains that are cemented in, doors, etc are generally thought of as part of the home. But, if you see a stained glass window that is inset to a standard window, it is best to specify whether it is staying or going.

When touring a home, I had a buyer fall in love with the roses in the garden. After the tour I spoke to the listing agent to talk about the offer we were putting together on the house. I mentioned how much the buyer loved the roses. The listing agent then informed me that the seller wanted to take the roses with her. Typically the listing agent would state that in our agent system because attached items such as plants will remain with the house. The buyer was very disappointed and almost didn’t want to put the offer together. We worked out a compromise for the roses and put that in the offer. It all ended well but the heart ache for the buyer could have been avoided if the listing agent had stated that roses were leaving in the listing system. If your heart is set on something staying or going it is always important to specify right away with the other party to the transaction and then to put it in the contract.

The key is to include everything in the contract – that the seller intends to leave and what the buyer wants. Negotiation can happen from there. Never assume that something is staying…or going.
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