OMG They’re Taking the Toilet Seat!!
MLS listings sometimes list items sellers are not leaving with the home at closing.
This is useful, and essential, particularly if the non-conveying items might be important to the buyers, or when normally they would be items left behind as standard practice (e.g., fixtures).
Better to know up front what things are not going to remain.
The issue of what conveys and what does not can often result in disagreements between the parties if not clarified, in writing, in the contract.
I expect this is true to some extent in other state contracts, but paragraph 8 of the CA Residential Purchase Agreement (RPA) addresses specifically the issue of “items included in or excluded from the purchase price.”
Whether washers, dryers, refrigerators and other appliances stay or not can often result in a dispute, but it’s not uncommon for chandeliers, hardware, wall sconces, hot tubs, and other things to be listed as non-conveying items.
I’ve seen, on rarer occasions, specific plants, for example, noted as being exclusions.
I had to laugh when reading a recent $700,000 listing this morning while searching for a view home for some Carlsbad buyers. The confidential remarks noted, among several other things, that the TOTO washlet toilet seat was, sadly, going with the sellers. Guess it’s good to be put on notice. [In case you’re really interested, the link will let you read more about this invention. What will they think of next?]
While the non-conveying toilet seat struck me as funny, the issue IS an important one - if you want to keep it, better to have it in writing so there is no question from the buyers.
Despite being in the MLS it also pays to have iexclusions in writing in the actuial contract in case there are discepancies.
Anyhow, I thought this might prove to be a humorous way to generate some discussion about the issue of items that convey or not, issues that arise about what conveys and what does not, funny or maybe not-so-funny stories, and your own thoughts.
I wonder what kind of seat the sellers will leave in Toto’s place? Uh, let's hope they leave one!
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