I recently closed on the purchase of an apartment. I didn't want the ugly, outdated drapes that were attached to the windows including what's called a valance. They were still there when I had my walk-through. I didn't say anything because I'd waited a long time for board approval and to close and didn't want yet another delay. I thought the owner would take them. But I'm wondering what my options... [more]
I recently closed on the purchase of an apartment. I didn't want the ugly, outdated drapes that were attached to the windows including what's called a valance. They were still there when I had my walk-through. I didn't say anything because I'd waited a long time for board approval and to close and didn't want yet another delay. I thought the owner would take them. But I'm wondering what my options were, if any. I've recently been advised by a friend that I should have negotiated the removal of the drapes, etc., before signing the contract. Can anyone tell me how this outcome could haven different? Also, there were cleaning products left under the kitchen sink and a few personal belongings like tools left behind randomly--things I don't want and will just have to discard. Wondering what my options were there as well. Thank you.
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Response by InmanParkExPat
over 8 years ago
Posts: 8
Member since: Jun 2016
Unless otherwise stated in the purchase contract, you can expect appliances and fixtures to stay in the apartment post-closing. A general rule of thumb is, were the apartment to have it's roof taken off and be turned upside down, anything that wouldn't fall out should stay. Best practice is for your broker to confirm with the listing agent the status of any items that could potentially be considered 'fixtures' (chandeliers, shelves, curtain rods, etc...) at the time your offer is made. Removal of items you want and don't want can then be a point of negotiation. If you reach a walk-through and anything you assumed would be gone remains, you can propose that the seller put funds in escrow to be used as payment for removal of the items. If the seller agrees, you're good to go. If not, you have the option of either closing and taking care of the items yourself, or suing the seller. In your case, it sounds like the drapes were a grey area that should've been negotiated before signing the purchase contract, and could've been brought up at the closing. The misc items definitely should've been removed by the seller and could've been brought up at the walk-through, but path of least resistance on both probably would be to ignore them and take care of it yourself.
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Response by RPow
over 8 years ago
Posts: 9
Member since: Jul 2016
InmanParkExPat - very impressed, this is one of the most succinct, non advertorial pieces of advice I've seen on this thread!
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Unless otherwise stated in the purchase contract, you can expect appliances and fixtures to stay in the apartment post-closing. A general rule of thumb is, were the apartment to have it's roof taken off and be turned upside down, anything that wouldn't fall out should stay. Best practice is for your broker to confirm with the listing agent the status of any items that could potentially be considered 'fixtures' (chandeliers, shelves, curtain rods, etc...) at the time your offer is made. Removal of items you want and don't want can then be a point of negotiation. If you reach a walk-through and anything you assumed would be gone remains, you can propose that the seller put funds in escrow to be used as payment for removal of the items. If the seller agrees, you're good to go. If not, you have the option of either closing and taking care of the items yourself, or suing the seller. In your case, it sounds like the drapes were a grey area that should've been negotiated before signing the purchase contract, and could've been brought up at the closing. The misc items definitely should've been removed by the seller and could've been brought up at the walk-through, but path of least resistance on both probably would be to ignore them and take care of it yourself.
InmanParkExPat - very impressed, this is one of the most succinct, non advertorial pieces of advice I've seen on this thread!