After Closing Headaches
By Jim Palmer Jr.

Designated Brokers periodically receive calls after closings from disgruntled buyers or their agents who complain that things didn’t go as they expected.  A majority of the time it is because there was a misunderstanding about which items were to be included in a sale.  In a recent case the buyers had looked at a home that had a newer stainless refrigerator but found after closing that the refrigerator they thought they were buying with the home had been replaced by a cheap used Walmart version that had considerably less value.  The seller was either less-than-honest, or they interpreted the Purchase Agreement language to mean that there just had to be some sort of a refrigerator there. 

The boilerplate language in any statewide-form is clear to assert that when there are included personal items, it means the exact items that were there when the buyer saw the property.  Of course if that is not going to be the case, the seller has an obvious obligation to clarify that during negotiations.  They may want to dig up and take that rose bush that grandma gave them or the chandelier in the dining room that is a family heirloom.  If so, they ought to make that very clear in the listing remarks or better yet, remove them from the property before any showings occur so there cannot possibly be any misunderstanding.  If the wife loves her new refrigerator and doesn’t want to part with it, then that fact should be made known and negotiated in writing. 

Another topic that causes post closing headaches is when items are left on the property that should have been removed, such as debris or garbage or even vehicle hulks (that are difficult to remove especially when there are no titles).  Some sellers naively think they can come back later to cherry pick personal items left after a closing, but at the same time brazenly ignore the mess they are leaving.  Real estate purchase agreements almost always include addenda that specify exactly what will or what will not be left behind by the seller.  In those cases the brokers should get a gold star!  Professional brokers will certainly coach their clients on these topics, but are at a loss to control those situations where one of the parties acts dishonestly or in bad faith and does not perform according to the contract.