Andrew Mooers | 207.532.6573, Northern Maine Real Estate-Aroostook County Broker (MOOERS REALTY)

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Rainmaker
749,222
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Sounds like Seller's in breach of contract. Issue a notice. See how quick that stuff returns. When it comes to personal property like that though, you almost have to make a detailed and itemized list of the items-- room by room. Otherwise, it's 'he-said-she-said'.

Jun 24, 2017 07:27 AM
Rainmaker
5,507,728
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

You need a contract addendum and a price reduction.

Jun 24, 2017 08:39 AM
Ambassador
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Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

I think Candice A. Donofrio is right on target here. Hasn't been an issue in my experience

Jun 24, 2017 08:08 AM
Rainmaker
1,020,361
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

Start with an inventory list dated, signed and attached to the agreement with pictures whenever possible. It'll save some head and heartache for the parties.

Jun 24, 2017 08:05 AM
Rainmaker
3,367,196
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

If it is going to walk, let it walk before the property is on the market. If it walks and it is in the contract, the seller has a problem!

Had it happen once where a buyer bought site unseen, but plenty of photographs. Seller tried to pull a fast one and the listing agent tried to back him. Seller lost a small fortune, and listing agent was sanctioned and fined by the Board. Buyer wanted what he bargained for and got it.

Attorneys made money, paid by the seller also. 

Jun 24, 2017 07:15 AM
Rainmaker
941,250
Thomas J. Nelson, Realtor e-Pro, CRS, RCS-D, Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

Outside of mounted speakers and TVs, light fixtures, fountains/water features and appliances, I never make personal property part of the contract. That is a private sale between buyer an seller and for lawyers and small claims.

In you case I'd renegotiate to compensate for the losses.

Jun 24, 2017 07:43 AM
Ambassador
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

The contract is typically clear about what is personal property and what is a fixture. In one case the seller had taken some drapes that were already shipped to their new home in Colorado and we made a signed agreement for them to be shipped back in order to close. They were not reserved.

Jun 24, 2017 07:39 AM
Rainmaker
1,369,263
Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

Cancel the contract for breach and move on.  NEXT!   Good luck for the sellers with a sale of a "stripped" property.

Jun 24, 2017 07:35 AM
Rainmaker
5,122,294
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

I always made a "rule" and it was carved in stone ....I do not get involved with personal property.... and if there's a "fixture" that's to be excluded, remove it and replace it BEFORE I list the property..... I don't have patience for that nonsense...IT'S A TIME DRAIN.

Jun 24, 2017 07:05 AM
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Wanda Kubat-Nerdin - Wanda Can!
Prado Real Estate South - St. George, UT
So Utah Residential, Referral & Relocation REALTOR

Getting a detailed list with a signed Bill of Sale to match items helps. I recently sold a home with everything in it, including silverware, small appliances, outdoor furniture with no misunderstandings between parties.

Jun 24, 2017 09:00 AM
Rainmaker
1,264,277
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

A contract is a contract.  THe seller needs to honor it and the buyer can take them to court.  Had to do this with an auction company once, they almost sold things that were attached to the walls at an estate sale.  And they claimed to be realtors too!

Jun 24, 2017 08:48 AM
Rainmaker
4,575,682
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Andrew,

I think that Candice A. Donofrio has the perfect answer.  A

Jun 24, 2017 07:49 AM
Rainmaker
1,115,008
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

I agree with Barbara Todaro 

Jun 24, 2017 07:16 AM
Rainmaker
2,826,741
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

I recently had a seller remove the window coverings after we completed the final walk-through ... the loan funded and the deed recorded.  I sent a demand to the listing agent and the seller to return the window coverings. The seller did return them.  

Beyond that, what can one do?  These are matters can create work for the legal profession. 

Jun 24, 2017 11:21 AM
Rainmaker
3,054,229
Tony and Suzanne Marriott, Associate Brokers
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Always include those items in the contract.

Jun 24, 2017 09:55 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Send the seller a bill for everything that disappears, much of it may be returned quickly.

And drop cams may help too.

Jun 24, 2017 10:26 PM
Ambassador
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

I have had sellers remove curtains or an appliance simple by misunderstanding. They quickly made it right.

Jun 24, 2017 05:59 PM
Rainmaker
1,523,705
Sybil Campbell
Long and Foster REALTORS® 5234 Monticello Ave Williamsburg, Virginia - Williamsburg, VA
REALTOR® ABR, SFR, SRES Williamsburg, Virginia

WOW! I smell something fishy.

Jun 24, 2017 03:26 PM
Ambassador
2,364,110
Fred Griffin, on leave of absence from ActiveRain
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

    Record the serial numbers of appliances when listing "personal property" included in the sale.

     Some sellers will swap out the chef-quality appliances for cheaper ones.

Jun 24, 2017 02:00 PM
Rainmaker
777,642
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

Personal property is messy business. Good luck. -Kasey

Jun 24, 2017 01:52 PM
Rainmaker
418,075
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

If the property disappearing is real property, the seller is violating the terms of the sales agreement. I would start by calling the listing agent.  If you get no where with that, call the managing Broker. If that has no success, the terms of the agreement should have a way to handle disputes between parties.

Jun 24, 2017 01:06 PM
Rainmaker
2,485,552
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

I had this happen and one of us had to stay cool under false fire (me). A seller who remembers everything forgot about taking things we agree not to take? He couldn't look me in the eye and the other person in the room looked away. I figured it out. Someone close to him convinced him to do different what we already agreed to do first. All things considered, I had discussion with the seller and then with the buyer and I worked it out. Smile because agents clean it all up in the end. Who else would or can?

Jun 24, 2017 12:43 PM
Rainmaker
1,659,581
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co. Notary Services, retired Realtor

Personal property that is to convey must be on an addendum or no breach has taken place. On vacant homes that have personal property in them I will often write the offer to say "all property on the premises at the time of this offer to remain with no exceptions". When I have done that I have had NO problems Andrew Mooers 

Jun 24, 2017 11:46 AM
Rainmaker
3,243,607
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I had people switch things out one,  we did not close

 

Jun 27, 2017 06:42 PM
Rainmaker
1,384,327
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Andrew Mooers If it's not in the contract the buyer's can't expect these items. If it is in the contract then there is a legal issue.

Jun 25, 2017 06:23 AM
Rainmaker
4,797,872
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Best handled by an attorney, but it may be time to reduce the purchase price by the value of the items taken.

Jun 25, 2017 05:26 AM
Rainmaker
3,052,363
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

I always feel it is why personal property should not be included in a sale. I like a separate agreement for that with some teeth in it

Jun 25, 2017 05:08 AM
Rainmaker
3,214,364
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

I've not had this happen but if conveyance is part of the contract, seller is obligated to convey or he'sin breach.

Jun 25, 2017 04:30 AM
Rainmaker
4,432,467
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

If it is in the contract remind them.

Jun 25, 2017 03:14 AM
Rainmaker
1,500,682
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

All items that area not staying ( fixtures) have to be disclosed as soon as you open escrow and often in MLS before even showings. Seller and his agent have no right to replace or remove anything( unless it is personal items) without buyer approval. 

Jun 24, 2017 11:25 PM
Ambassador
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Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Andrew Mooers - as long as everything that the seller plans to leave has been in the contract - documented -  it should not be a big deal!

Jun 24, 2017 11:14 PM
Rainer
352,900
Jim Cheney
Saint Francis Property Santa Rosa, CA - Santa Rosa, CA
Rincon Valley Realtor 707.494.1055

My advice would be small claims court, or seek legal councel 

Jun 24, 2017 09:42 PM
Ambassador
3,446,297
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

Candice A. Donofrio nailed this one - head it off at the pass - before it's too late. You don't want to have to address this after Closing, for sure!

Jun 24, 2017 08:18 PM
Rainer
86,464
Mike Kelly,CRS,CIPS
The MJKelly Team - Santa Rosa, CA
"One of Sonoma County's Natural Resources"

When you do the listing walk through ask and then point to what is staying. Write it down, have them SIGN FOR IT! Do those french doors stay? Yes, had a client "take" the antique french doors dividing the dining and living room replacing with white Home Depot cheapies! Write it down. What about THIS light fixture, those curtain which match the bedspread, your big screen TV and the 400 lb anchoring system which will leave the lathe and plaster wall like swiss cheese! I had a guy take up all the pavers in his patio! I got there and nothing but sand! A lovely tranquil oasis became a mirage!

Jun 24, 2017 03:41 PM
Ambassador
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Harry F. D'Elia
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

call the broker

Jun 24, 2017 07:22 AM
Rainmaker
4,161,974
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I always go over all the inclusions and exclusions in the Listing Agreement before it goes on the market, so there is no gray areas.

Jun 27, 2017 07:32 AM
Rainmaker
569,260
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

I wouldn't allow it. Unless they specifically excluded items from the sale, anything attached to the home should stay.

Jun 26, 2017 05:25 AM
Rainmaker
745,340
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

It's always tricky when realtors get dragged into playing furnature and other personal property salespeople. We should not be responsible for that. The only way to handle that might be to sign a "hold harmless" agreement when you see that those items are written into the agreement.

Jun 26, 2017 05:22 AM
Rainmaker
3,858,967
Dorie Dillard CRS GRI ABR
Coldwell Banker United Realtors® ~ 512.750.6899 - Austin, TX
Serving Buyers & Sellers in NW Austin Real Estate

I'm with Roy Kelley !

Jun 25, 2017 04:23 PM
Rainmaker
3,983,713
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Stop the presses...seller is going to court being dragged there by Mr. buyer

Jun 25, 2017 07:57 AM
Rainmaker
1,559,948
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

In situations like this a video inventory should have been taken at the time the contract was agreed upon. Definitely this needs to stop and the property must be returned to make the buyer whole again.

Jun 25, 2017 06:34 AM
Rainmaker
525,764
Dave Halpern
Keller Williams Realty Louisville East (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Letter from attorney

Jun 25, 2017 01:11 AM