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My advice: list everything

If you’re just getting started in the process to buy a home, you might not have thought about this potential problem.

When you buy a home, you pretty much are buying the physical structure as well as anything nailed down or attached to the property.

A refrigerator is not nailed down.

Neither is a washer. Or a dryer.

Neither are drapes or shades.

You might only realize this after you close on your new purchase, and walk in the door, only to realize that the grand bookcase in the living room is gone, like the wind.

It can happen. And, it does, often. It’s all legal.

During this peak home sales season, when thousands of houses and condominiums will be sold, buyers and sellers need to be aware of what is legally included and excluded from their sale.

Most home buyers and sellers, and even their real estate agents, often do not understand the simple law of fixtures.

A “fixture” is moveable personal property, which, by means of bolts, nails, screws, cement, glue, or other attachment method, has been converted to real property.

Plants and trees growing in the ground are considered to be fixtures because they are permanently attached to the land by roots.

To sum it up, when in doubt, include the items you want the sellers to leave behind, listed one by one.

More: Home for sale: Rose garden not included – By Robert J. Bruss, Inman News, by way of The Boston Globe

Read other posts about: Boston real estate - buying a home

2 Responses to “My advice: list everything” »»

  1. Comment by christine | 05/02/07 at 6:37 am

    we bought a house in 1996 and the tenants (not the owners,

    tenants in the unit of the multi-family) who had to move out so we could have a place to live took

    the ceiling light fixtures and all the light switches/dimmer switches etc… with them.

    we

    were kind of shocked, because these things ARE nailed down. so to speak.

    we called our

    buyer’s broker who researched it with the seller’s agent. he said that the tenants installed all

    the fixtures while living there, and felt they were their property. the lights BELONGED to them,

    because they bought them and paid for them… AND because we didn’t specify that we wanted to keep

    them in the P&S.

    how they got to review the P&S and discover that we didn’t

    mention we wanted lighting fixtures as the tenants and not the seller is interesting… i think

    they were in cahoots with the seller to find a way to screw us over because they were pissed we

    were making them move out… but they were in the 3bd unit and didn’t want to move into the 2bd

    unit, which we offered to them. We had 2 kids, we needed the 3bd… they were being assy the entire

    time.

    Anyway — by the time we got in there, made this discovery the morning of the walk

    through, pitched a fit and yelled and screamed, the tenants were long gone without a forwarding

    address or location known to the seller. we insisted on money for replacement and the seller

    refused.

    it got ugly. but… lesson learned. we sold that house in 2006 and moved into a new

    one, and everything we wanted (including the woodstove) was mentioned in the p&s.

  2. Comment by Loukianos | 09/03/07 at 9:43 pm

    Interesting…

Leave a Reply »»

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    ------------------------------- Boston condo sales for June 2012 - 643.

    Number of Boston condos sold: 643

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    Boston Back Bay Condos 1st and 2nd Quarters 2012



    Back Bay condo sales in the 1st Quarter of 2012 - 80
    Back Bay condo sales in the 1st Quarter of 2011 - 82

    Back Bay average condo sales price in the 1st Q of 2012 - $1,261,255
    Back Bay average condo sales price in the 1st Q of 2011 - $1,306,435

    Back Bay median condo sales price in the 1st Q of 2012 - $789,750
    Back Bay median condo sales price in the 1st Q of 2011 - $828,895

    Back Bay condo 1st Q 2012 sales price per square foot - $804
    Back Bay condo 1st Q 2011 sales price per square foot - $809

    Back Bay condos days on market 1st Q 2012 - 142
    Back Bay condos days on market 1st Q 2011 - 133

    Back Bay condo sales in the 2nd Quarter of 2012 - 170
    Back Bay condo sales in the 2nd Quarter of 2011 - 118

    Back Bay average condo sales price in the 2nd Q of 2012 - $1,100,149
    Back Bay average condo sales price in the 2nd Q of 2011 - $1,329,678

    Back Bay median condo sales price in the 2nd Q of 2012 - $761,000
    Back Bay median condo sales price in the 2nd Q of 2011 - $840,000

    Back Bay condo 2nd Q 2012 sales price per square foot - $787
    Back Bay condo 2nd Q 2011 sales price per square foot - $823

    Back Bay condos days on market 2nd Q 2012 - 80
    Back Bay condos days on market 2nd Q 2011 - 133

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    Beacon Hill Condos Sales Stats 2012



    Boston Beacon Hill Condos 1st and 2nd Quarters 2012



    Beacon Hill condo sales in the 1st Quarter of 2012 - 35
    Beacon Hill condo sales in the 1st Quarter of 2011 - 25

    Beacon Hill average condo sales price in the 1st Q of 2012 - $808,840
    Beacon Hill average condo sales price in the 1st Q of 2011 - $852,720

    Beacon Hill median condo sales price in the 1st Q of 2012 - $549,000
    Beacon Hill median condo sales price in the 1st Q of 2011 - $542,250

    Beacon Hill condo 1st Q 2012 sales price per square foot - $747
    Beacon Hill condo 1st Q 2011 sales price per square foot - $675

    Beacon Hill condos days on market 1st Q 2012 - 108
    Beacon Hill condos days on market 1st Q 2011 - 198

    Beacon Hill condo sales in the 2nd Quarter of 2012 - 65
    Beacon Hill condo sales in the 2nd Quarter of 2011 - 69

    Beacon Hill average condo sales price in the 2nd Q of 2012 - $677,684
    Beacon Hill average condo sales price in the 2nd Q of 2011 - $661,045

    Beacon Hill median condo sales price in the 2nd Q of 2012 - $516,250
    Beacon Hill median condo sales price in the 2nd Q of 2011 - $511,750

    Beacon Hill condo 2nd Q 2012 sales price per square foot - $743
    Beacon Hill condo 2nd Q 2011 sales price per square foot - $686

    Beacon Hill condos days on market 2nd Q 2012 - 67
    Beacon Hill condos days on market 2nd Q 2011 - 80

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    Brighton Condos Sales Stats 2012



    Brighton Condos 1st and 2nd Quarters 2012



    Brighton condo sales in the 1st Quarter of 2012 - 41
    Brighton condo sales in the 1st Quarter of 2011 - 47

    Brighton average condo sales price in the 1st Q of 2012 - $254,685
    Brighton average condo sales price in the 1st Q of 2011 - $254,324

    Brighton median condo sales price in the 1st Q of 2012 - $237,000
    Brighton median condo sales price in the 1st Q of 2011 - $250,000

    Brighton condo 1st Q 2012 sales price per square foot - $316
    Brighton condo 1st Q 2011 sales price per square foot - $297

    Brighton condos days on market 1st Q 2012 - 28
    Brighton condos days on market 1st Q 2011 - 84

    Brighton condo sales in the 2nd Quarter of 2012 - 91
    Brighton condo sales in the 2nd Quarter of 2011 - 73

    Brighton average condo sales price in the 2nd Q of 2012 - $268,434
    Brighton average condo sales price in the 2nd Q of 2011 - $255,140

    Brighton median condo sales price in the 2nd Q of 2012 - $255,500
    Brighton median condo sales price in the 2nd Q of 2011 - $254,000

    Brighton condo 2nd Q 2012 sales price per square foot - $337
    Brighton condo 2nd Q 2011 sales price per square foot - $311

    Brighton condos days on market 2nd Q 2012 - 59
    Brighton condos days on market 2nd Q 2011 - 99

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    Charlestown Condos Sales Stats 2012



    Charlestown Condos 1st and 2nd Quarters 2012



    Charlestown condo sales in the 1st Quarter of 2012 - 43
    Charlestown condo sales in the 1st Quarter of 2011 - 47

    Charlestown average condo sales price in the 1st Q of 2012 - $491,085
    Charlestown average condo sales price in the 1st Q of 2011 - $485,918

    Charlestown median condo sales price in the 1st Q of 2012 - $435,000
    Charlestown median condo sales price in the 1st Q of 2011 - $467,500

    Charlestown condo 1st Q 2012 sales price per square foot - $432
    Charlestown condo 1st Q 2011 sales price per square foot - $444

    Charlestown condos days on market 1st Q 2012 - 112
    Charlestown condos days on market 1st Q 2011 - 125

    Charlestown condo sales in the 2nd Quarter of 2012 - 115
    Charlestown condo sales in the 2nd Quarter of 2011 - 72

    Charlestown average condo sales price in the 2nd Q of 2012 - $474,847
    Charlestown average condo sales price in the 2nd Q of 2011 - $423,006

    Charlestown median condo sales price in the 2nd Q of 2012 - $452,000
    Charlestown median condo sales price in the 2nd Q of 2011 - $408,500

    Charlestown condo 2nd Q 2012 sales price per square foot - $438
    Charlestown condo 2nd Q 2011 sales price per square foot - $437

    Charlestown condos days on market 2nd Q 2012 - 81
    Charlestown condos days on market 2nd Q 2011 - 60

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    Fenway Condos Sales Stats 2012



    Fenway Condos 1st and 2nd Quarters 2012



    Fenway condo sales in the 1st Quarter of 2012 - 19
    Fenway condo sales in the 1st Quarter of 2011 - 20

    Fenway average condo sales price in the 1st Q of 2012 - $404,579
    Fenway average condo sales price in the 1st Q of 2011 - $320,828

    Fenway median condo sales price in the 1st Q of 2012 - $375,000
    Fenway median condo sales price in the 1st Q of 2011 - $291,500

    Fenway condo 1st Q 2012 sales price per square foot - $513
    Fenway condo 1st Q 2011 sales price per square foot - $436

    Fenway condos days on market 1st Q 2012 - 42
    Fenway condos days on market 1st Q 2011 - 180

    Fenway condo sales in the 2nd Quarter of 2012 - 79
    Fenway condo sales in the 2nd Quarter of 2011 - 58

    Fenway average condo sales price in the 2nd Q of 2012 - $358,981
    Fenway average condo sales price in the 2nd Q of 2011 - $321,013

    Fenway median condo sales price in the 2nd Q of 2012 - $360,000
    Fenway median condo sales price in the 2nd Q of 2011 - $292,000

    Fenway condo 2nd Q 2012 sales price per square foot - $519
    Fenway condo 2nd Q 2011 sales price per square foot - $491

    Fenway condos days on market 2nd Q 2012 - 86
    Fenway condos days on market 2nd Q 2011 - 51

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