Search Listings

What Is Included In The Sale Of A Home?

It seems that the best real estate blog articles are born from the comments and questions of the readers and subscribers. It makes sure that the content is not only fresh, but it is also based upon the current interests of people active in the Tallahassee real estate market.

Recently, a reader had a question about an offer she is making which concerned the difference between an offer and a real estate contract. She asked:

When we looked at the house we put an offer on, the seller’s disclosure indicated that, among other things, the washer and dryer conveyed with the sale. We are still negotiating, but the washer and dryer have been removed from the premises. Our agent says that is perfectly acceptable, but I don’t understand how they could be put in the disclosure as included and then they aren’t. Is this really allowed?

So, the real question is when you negotiate a home purchase, what is included in the sale?

Real Estate Offers Can Be Changed At Any Time

Any disclosures and documents that you review before making an offer are, in a sense, part of the offer. But a home seller can change the offer at any time. Think about it. If you decide to sell your home and change your mind later, there isn't a law that requires you to continue to try and sell your home! Just as a  homebuyer has the right to withdraw an offer at any time, so too can a homeseller.

The same is true with any part of your home. The washer, the dryer, and everything else is no different. So, in the question above, the seller just decided that the washer and dryer were no longer being offered as part of the home for sale.

The Real Estate Contract Is The Controlling Document

The key to the question above rests is the statement "we are still negotiating ..." which means that no contract exists. The real estate contract is the controlling document, and any item included in the contract  is legally bound as part of the agreement. Once there is a contract, not just an offer, the included items become part of a legally binding agreement, not just an offer.

The seller can change the offer at any time, but once there is a contract, it takes both parties to change anything about the agreement, including what is being conveyed in the transaction. So if you are buying a home and there is something in the house (not nailed down ...), make sure that it is specifically included in the contract.

A Well-Written Real Estate Contract Is Legally Binding

The important message in all of this is that there is a big difference between an offer and a contract. Offers can be changed at any time, but a well-written real estate contract is legally binding. Make sure you work with somebody who is an expert at both, it could mean the difference between your total satisfaction and happiness with the home versus confusion and heartache over a botched, expensive purchase.

Keep Up With New Trends In Tallahassee!

Get The Tallahassee Real Estate Newsletter

Subscribe to the Tallahassee Real Estate Newsletter for updates on home sales in Tallahassee, FloridaDon't be the one that doesn't know what's going on when you sell a home or buy a home in Tallahassee.

Other buyers, sellers, lenders, and real estate agents have this critical information, and now you can too!

Get immediate access to our most recent newsletter.

Let nearly 30 years of experience work for you with charts, graphs, and analysis
of the Tallahassee housing market.

subscribe-to-the-exclusive-tallahassee-real-estate-newsletter


*Joe Manausa Real Estate is a brokerage company headquartered in Tallahassee, Florida. Its unique business model provides specialists to both home sellers and home buyers, and the results speak for themselves. JMRE has significantly more 5-star reviews on google than any other local competitor. Joe Manausa Real Estate is a leader in internet marketing and utilizes search engine optimization, email marketing, social media and data analytics to get their clients’ home sold faster and for more money than any other Tallahassee brokerage firm. For more information, visit www.manausa.com or call us at (850) 366-8917.

Discussion

#1 By firebirdbandit at 7/11/2017 3:44 AM

Great short article. I'd like to see more like this.

#2 By Joe Manausa at 7/11/2017 3:44 AM

Thanks for the feedback Firebirdbandit! I will try to do more like this one.

#3 By summerbl4ck at 7/11/2017 3:44 AM

I would be interested if you took the answer a bit further. As the conditions change you'd expect the offer to change as well, correct? How common is it for conditions to change during negotiation? This uncertainty can be very off-putting for first-time homebuyers.

#4 By Joe Manausa at 7/11/2017 3:44 AM

Summer,

If I were you, I wouldn't worry about what the seller is doing. Rather, I would write an offer with all the appliances and amenities that you want. One simple way to do this is to add language to the effect "All appliances listed in the seller's disclosure will stay with the property." Plus, I would add anything not listed in the disclosure that you would like to keep (i.e. garage door openers, window dressings, etc.).

Does that make sense?

#5 By Cory at 7/11/2017 3:44 AM

Hi,
When I put an offer in, I ask for money at the "subject to" section for min 4 appliances: dryer, washer, fridge, stove/oven. They can take away theirs if they want in many cases, it's junk. Buy new ones yourself, but ask for credit or discount from property. It is not acceptable that items disappear from the property, and the contract stay the same.
So, change the agent. Cheers

Post a Comment

Blog Navigation

Posts By Category

All Categories Advice: Real Estate (487) Blogging Real Estate (189) Distressed Property (31) Foreclosures (4) Glossary of Real Estate Terms (31) Government and Real Estate (30) Homes For Sale (130) Housing Market Conditions (1239) Housing Report (54) Lis Pendens (4) Main (1025) Mortgage / Finance (71) New Construction (1) Off Topic (84) Our Listings (3) Our Sales (7) Real Estate Market Snapshot (26) Real Estate Opinion (3) REALTOR News (11) Tallahassee (89) Tallahassee Neighborhoods (492) Uncategorized (50)

Posts By Month

Blog Roll

Luxury Homes For Sale New Construction Homes For Sale Homes For Sale With Swimming Pools Homes For Sale On Acreage Homes For Sale In Killearn Lakes Plantation Homes For Sale In Killearn Estates Homes For Sale In Southwood Homes For Sale In Killearn Acres Homes For Sale In Summerbrooke Homes For Sale In Golden Eagle Plantation Homes For Sale In Piney Z Homes For Sale In Bull Run Homes For Sale In Betton Homes For Sale In The Ox Bottom Area

Tag Cloud

Grab Our RSS Feed

Tallahassee Home Searches

Contact Us

Joe Manausa Real Estate
2066 Thomasville Rd
Tallahassee, FL 32308
(850) 366-8917