Personal property is always something that needs clarification in our sales contracts.

There is a paragraph which lists most items that convey with a home. But not all homes have all the things listed. Some items need to be excluded from the list and there is a space in the contract for you to list those items right under the paragraph. However, there is a little confusion built into the personal property paragraph. It states “..the following items which are owned by Seller and existing on the Property as of the date of the initial offer..” The confusion is, how do you prove it wasn’t existing at the time of the offer?

For instance, let’s say that the property does not have a disposal in the sink. A disposal is listed in the paragraph. It wasn’t existing so the buyer shouldn’t expect it at closing, right? Suppose the buyer goes on a walkthrough and swears that there was a disposal and they want the disposal put back or they’re not closing! So how do I avoid this from happening? Everything that is listed in the paragraph of personal property that is not on the premises, I list in the paragraph under the personal property clause as excluded from the contract. I don’t cross out on a contract. I just list it as excluded. This way it’s clear to both buyer and seller that the item does not convey!

If you would like more information contact me. I’m Ric Giumenta. You can have a good day or a bad day. It’s your choice.

Make good choices. See you next time!