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Subject:  Re: Selling: more of a rant than anything Date:  3/12/2013  3:38 PM
Author:  inparadise Number:  124950 of 128887

His Realtor didn't do a good job though and included our washer/dryer as a part of the sale. It clearly stated in every part of our sale that they did not convey. Normally I wouldn't mind, but we spent $2,500 on them and they are less than a year old.

So Tuesday he got the 'counter' from us stating the same conditions he listed ($500 over selling, no inspection) without washer and dryer. He was informed by his Realtor and waited two days to sign, while trying to negotiate the price down thinking he was getting a raw deal from no washer/dryer (putting myself in is shoes I might feel the same, but that is their fault for not reading the documents and brochures). He finally sent back a revised counter agreeing to $500 over asking, no washer/dryer (as it always should have been) ...

Your Realtor should have explained to you that nothing is off limits to ask for in a contract, and this guy did nothing wrong by asking for the washer dryer, just as you did nothing wrong in saying No. I often ask for and receive things that are not included in the listing, and in fact there is no uniformity in contracts even between different areas within a state, certainly none from state to state. If you do not list what you want in your contract, even if it is posted as included in the listing, it can be considered that the seller does not have to give it to you. Heck, I've gotten to the point where I even specify the range, which is conventionally conveyed with the house in every single market I've looked in, as when I was doing the walk through for the last place I bought the seller asked if I was taking the range, or should he clear it out. One contract we recently submitted quite clearly instructs that if you do not list things in the inclusion part of the contract, it will not convey regardless of the listing. The listing is subject to errors and omissions, not really a legal document. It is even a classic ploy in our area for sellers to withhold inclusions of any appliances other than range or built ins like dishwashers, holding them back as negotiating tools for a higher price. Besides, who wants to move a large appliance, particularly if you are not being moved and have to do it yourself? Better to buy new and have the store deliver and install if you can't get the one at the house you are buying.

Yes, it sounds as though neither the buyer nor his agent actually read the contract and understood it line by line. I wish I could be more astonished by this, but find it to be more the norm than not. And while you are perhaps entitled to keep the escrow, while your broker figures out their legally required position, your property is probably going to be unmarketable, so your best bet may be to let him go if you want to rescue the spring market. I'm seeing articles on inventory in the DC area finally being on the rise, so ponder this potential delay in marketability seriously. In the very least, the buyer will sue both agents and you to get the money back, and while the insurers for the agents may or may not cave and settle, it will tie your property up.

So the question is, do you want to be right, or do you want to sell your house in a timely manner?

This weekend we are going to tell buyers that we refuse to sign with anyone until reviewing all contracts by Monday evening. No more of this taking offers above asking that demand we remove it from the market immediately and ignore all others offers.

I would have thought you would have communicated this to your agent after the first buyer backed out.

just back from house shopping in VA
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