Advice to Desiree Rogers, Obama White House social secretary ... Chicago Sun-Times, United States - Another person Rogers turned to for advice is Ann Jordan, who, with husband Vernon are fixtures in Washington society -- she is also Jarrett's cousin as ...
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'Green' Demand Driving Home Technology Chief Engineer, IL - Another criticism is there aren?t many options in terms of light fixtures that work with LEDs. Johnston says that?s beginning to change and he expects ...
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Town hopes to cash in with museum devoted to Man in Black Arkansas Democrat Gazette, AR - The floor is collapsing in places, plumbing fixtures are ripped out of the wall, and dirt and garbage cover the floor. It will take a lot of work, ...
BBC News, England BBC News, UK - "I know my neighbours, I've had plenty of opportunities [to leave] but I've never gone, I think I'm part of the fixtures and fittings now." Kebab house...
Tense standoff at Nariman House guardian.co.uk, UK - Nov 27, 2008 They tinkered with the fixtures for 30 minutes. I asked the mustachioed commando what he wanted to do. He looked at me. "Shoot," he said. "Shoot and finish. ...
Estate-like amenities make Framingham home a great value Framingham TAB, USA - An oversized walk-in shower is the jaw-dropper here, featuring coordinating patterned tile and Grohe fixtures. A room-size walk-in closet rounds out the ...
Newly-renovated Slidell-area home falls victim to vandals News Banner, LA - Nov 30, 2008 (Staff Photo by Erik Sanzenbach) All the new ceiling fan fixtures had been torn out and were hanging uselessly, and the fans? vanes were broken off and ...
Source: Google News
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Source: Google Scholar
What Fixtures Come With House? Be Sure To Nail 'Em Down
What you see is what you get, right? Not necessarily in real estate, unless you go out of your way to document your expectations and assumptions and make them known to the seller.
Some years ago we purchased a large home in Seattle's Madrona neighborhood. The living room included a fireplace with an insert. I remember feeling some sense of relief that the house could be heated by wood and that I would not have to either consider whether I wanted an insert or do research on every fireplace insert available in the free world.
When moving day finally arrived and we began to set boxes in the living room, I noticed the insert was gone. How could this be? If this was not a "fixture" that was to stay in the house, what exactly was a fixture?
Through our real estate agent, we learned the seller was an attorney who said he never even considered leaving the insert behind. The cherry on top of this dessert was that the seller had no place to re-insert the insert. But he would gladly sell it to us or keep it in his garage. We bought our own insert. I was shocked, upset and out about $1,500.
The insert was gone because our earnest-money agreement had not included a definitive list of items we expected to find when we took possession of the house.
The Puget Sound Multiple Listing Association annually reviews and generally adds to its list of "fixtures" included in a residential sale. The list is known as Paragraph 12 on the PSMLA's
Residential Real Estate Purchase and Sale Agreement form (sometimes referred to as an earnest-money form), and it has grown as a result of complaints and lawsuits. The updated 1994 version reads as follows:
Any of the following personal property located in or on the property is included in this sale: built-in appliances, wall-to-wall carpeting; curtains, drapes and all other window treatments; window and door screens, awnings; storm doors and windows; installed television antennas; ventilating, air conditioning and heating equipment; woodstoves; fireplace inserts; doors; gas logs and gas log lighters; irrigation fixtures and equipment, electric garage door openers; water heaters, installed electrical fixtures; lights and light bulbs; shrubs, plants and trees; hot tubs; and all bathroom and other fixtures.
The paragraph has come a long way toward clarifying what is typically included in a sale although the phrase, "and other fixtures," still leaves room for dispute. What are other fixtures? Can they be washing machines attached to the wall by a rubber hose? Typically not.
But there is a case in which a real estate agent who was representing a religious congregation buying a church building assumed that the bolted-to-the-floor pews were included in the sale. A court ruled otherwise.
The moral to the story? When in doubt, spell it out.
"The PSMLA list has grown out of the disputes we have had," said Christopher Osborn, PSMLA attorney and partner in the Seattle firm of Short Cressman & Burgess. "I think it's absurd some of the measures we've had to take, but most of the things on that list have been a problem in the past.
"I teach seminars to our agents and I always encourage them to spell out what will remain. If there are beautiful rose bushes or rhododendrons in the yard, it's best to say they are included in the sale or they will not be included in the sale."
Stained-glass windows caused a recent problem. The seller assumed they were art and planned to replace them with the common windows stored in the basement. The buyer said the stained-glass was one of the reasons the home was appealing and assumed they came with the house. After shock, resentment and bitterness the two parties settled on a lower sales price and the seller took the stained glass.
"If a buyer wants an object in the home, I suggest they tap-dance very hard," said Philly Rockow, an agent in Windermere's Ballard office. "My son bought a house, pointed out to the agent that he wanted the refrigerator, but the agent did not put it in the contract. My son did not get the refrigerator and the agent was to blame. It's been a good lesson all around."
