Buying Agent want's me to ignore seller's disclosure

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Buying Agent want's me to ignore seller's disclosure

Antwanika Saxon
Smyrna, GA · Member since 2013 · 19 posts · 9 votes

Hello, I am a buyer and I requested that my buyer's agent get the listing agent to send over the selling disclosure for me to review. I looked at the selling disclosure and one of the things on there is that you must check the box if you intend to leave any fixtures or appliances in the home. However, the seller left unchecked the box for window blinds. I found that unusual because usually the sellers will you leave the window blinds. My assumption is that is probably a mistake. However, I don't know the seller from Adam. Once I sign that sellers disclosure it is binding and I have no recourse. Blinds to fill the house that I am purchasing will be a pretty big expense and I'd rather avoid it if possible. So if the seller truly intends not to leave the blinds I need to know that. So I sent a message to my agent and I told her that I have reviewed the seller's disclosure and I would like her to either get an amendment or get something in writing even something from the listing agent that says that it's a mistake and the blinds are going to be left in the home. She replies back "I'm pretty sure she intends to leave the blinds I'm sure she doesn't intend to do a war of the roses on us." Why would I sign something that's incorrect? I would have no leg to stand on if the seller actually did take the blinds before closing. So then the next whopping thing my agent said to me is "since you're going by the house for the inspection if the seller is there why don't you just ask her about the blinds then?" I find that inappropriate. Anyone have any thoughts on this?

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Jeff CopelandBusiness Member
Real Estate Broker · Tampa Bay/St Petersburg, FL · Member since 2015 · 1k+ posts · 2k+ votes
8y

If you want to know if the seller intends to leave the blinds, why do you think it would be inappropriate to ask the seller, "By the way, will you be leaving the blinds?".

There will almost certainly be bigger fish to fry and more important issues to negotiate after inspections. This is not worth making a fuss over...especially before you have even done a home inspection.

Copeland Morgan LLC4.770 Reviews
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  • Jeff CopelandBusiness Member
    Real Estate Broker · Tampa Bay/St Petersburg, FL · Member since 2015 · 1k+ posts · 2k+ votes
    8y

    If you want to know if the seller intends to leave the blinds, why do you think it would be inappropriate to ask the seller, "By the way, will you be leaving the blinds?".

    There will almost certainly be bigger fish to fry and more important issues to negotiate after inspections. This is not worth making a fuss over...especially before you have even done a home inspection.

    Copeland Morgan LLC4.770 Reviews
    WebsiteView Page
    7Reply
  • Wayne Brooks
    Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    8y
    Are you under contract? If not, put it in the contract. Does the contract/mls listing address this? Here, a buyer doesn’t “sign” the seller disclosure.....don’t know about that being binding.
    0Reply
  • Danny RandazzoPro Member
    Apartment Syndicator · Charleston, SC · Member since 2016 · 973 posts · 728 votes
    8y

    @Antwanika Saxon you can always write an offer that states: purchase to include blinds, window treatments, and anything else you want (maybe the car if the garage or special coffee machine). Possibilities are endless, good luck.

    2Reply
  • Antwanika Saxon
    OP
    Smyrna, GA · Member since 2013 · 19 posts · 9 votes
    8y
    Originally posted by @Wayne Brooks:

    Are you under contract? If not, put it in the contract. Does the contract/mls listing address this? Here, a buyer doesn’t “sign” the seller disclosure.....don’t know about that being binding.

     Thanks for talking to me and not being sarcastic. Yes, I am under contract. I assume I would not have received the seller's disclosure had I not asked my agent for it.  I think in Georgia seller's are required to do the disclosure, but not offer it up. Once the buyer lays eyes on it they have to sign off on it. There is definitely a spot for my signature and my agent asked me to sign it. 

    So the contract was already done, but all I want is the document to be revised before I sign or anything in writing. 

    0Reply
  • Antwanika Saxon
    OP
    Smyrna, GA · Member since 2013 · 19 posts · 9 votes
    8y
    Originally posted by @Danny Randazzo:

    @Antwanika Saxon you can always write an offer that states: purchase to include blinds, window treatments, and anything else you want (maybe the car if the garage or special coffee machine). Possibilities are endless, good luck.

    Thanks for your useless response

    1Reply
  • Antwanika Saxon
    OP
    Smyrna, GA · Member since 2013 · 19 posts · 9 votes
    8y
    Originally posted by @Jeff Copeland:

    If you want to know if the seller intends to leave the blinds, why do you think it would be inappropriate to ask the seller, "By the way, will you be leaving the blinds?".

    There will almost certainly be bigger fish to fry and more important issues to negotiate after inspections. This is not worth making a fuss over...especially before you have even done a home inspection.

     Because the seller's word means nothing when at closing the blinds are gone and they show me the disclosure I signed where I agreed to just that. If it was $100 to put in blinds I would not care. But it would cause me upwards of $2k. I need to know if you're leaving the blinds or not. If your disclosure says that you aren't, why would I sign it without getting clarification? 

    And just for clarification, it is standard for the window treatments to stay; that's the expectation. However, the disclosure overrides GA law should the seller agree to leave or take something that isn't in the law so to speak.

    3Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    8y

    Unless these are expensive wood blinds - mini blinds are $ 3.88 per piece at Walmart, so you'd spend less than $ 100 for a housel

    1Reply
  • Cara Lonsdale
    Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    8y

    I assume by your post that you are already under contract, and heading into the inspection period.  So, I won't advise on ways to negotiate an offer like others here have, because it sounds like you are already beyond that point.

    However, the Seller Disclosures (we call them SPUDS - SPDS in AZ) are an important communication between the Buyer and the Seller about the property's condition as well as the intentions of both parties through the inspection process.  So, don't feel bad about drawing questions, and don't allow your concerns to be disregarded.

    Because it is PROBABLY a mistake or oversight, you don't need to make a federal case out of it, however, you can still make it part of your inspection period.  Most likely, you have to submit something to the Seller through the inspection period that indicates your intentions to move forward, ask for repairs, or walk away from the house (in AZ, we call this the BINSR).  When you get to that point, have your agent add something within that notice that might say something like "Seller confirms that all blinds in the house will convey at no dollar value at COE".  This will clarify that the blinds stay, and won't seem like a big deal to the Seller, because they are expecting a response from you through the inspection period.

    You never want to ignore a concern, even if it seems like no big deal.  As you mentioned, it would be an expensive thing to remedy IF they happened to take the blinds.  So, it is better to make sure it is clarified IN WRITING, than to suffer the consequences if the "mistake" isn't a mistake.

    BTW, I had this happen to me.  Several years ago, I was buying a house, and the woman took all of the drapes.  They were designer drapes throughout the house and she wanted them in her new house, but had never disclosed that she was taking them.  She had to bring them all back, and unfortunately for her, she had had them dry cleaned in anticipation of putting them in her new home....good news for me!  But a lesson that you can never disclose too much.  Opening up that line of communication is a good idea.

    4Reply
  • Antwanika Saxon
    OP
    Smyrna, GA · Member since 2013 · 19 posts · 9 votes
    8y
    Originally posted by @Michaela G.:

    Unless these are expensive wood blinds - mini blinds are $ 3.88 per piece at Walmart, so you'd spend less than $ 100 for a housel

    They are wood blinds. My last house was smaller than this and I spent $1k. So I expect to spend more here. Also, when I sold my last house I left the blinds. I would not have dreamed of taking them with me. 

    0Reply
  • Antwanika Saxon
    OP
    Smyrna, GA · Member since 2013 · 19 posts · 9 votes
    8y
    Originally posted by @Cara Lonsdale:

    I assume by your post that you are already under contract, and heading into the inspection period.  So, I won't advise on ways to negotiate an offer like others here have, because it sounds like you are already beyond that point.

    However, the Seller Disclosures (we call them SPUDS - SPDS in AZ) are an important communication between the Buyer and the Seller about the property's condition as well as the intentions of both parties through the inspection process.  So, don't feel bad about drawing questions, and don't allow your concerns to be disregarded.

    Because it is PROBABLY a mistake or oversight, you don't need to make a federal case out of it, however, you can still make it part of your inspection period.  Most likely, you have to submit something to the Seller through the inspection period that indicates your intentions to move forward, ask for repairs, or walk away from the house (in AZ, we call this the BINSR).  When you get to that point, have your agent add something within that notice that might say something like "Seller confirms that all blinds in the house will convey at no dollar value at COE".  This will clarify that the blinds stay, and won't seem like a big deal to the Seller, because they are expecting a response from you through the inspection period.

    You never want to ignore a concern, even if it seems like no big deal.  As you mentioned, it would be an expensive thing to remedy IF they happened to take the blinds.  So, it is better to make sure it is clarified IN WRITING, than to suffer the consequences if the "mistake" isn't a mistake.

    BTW, I had this happen to me.  Several years ago, I was buying a house, and the woman took all of the drapes.  They were designer drapes throughout the house and she wanted them in her new house, but had never disclosed that she was taking them.  She had to bring them all back, and unfortunately for her, she had had them dry cleaned in anticipation of putting them in her new home....good news for me!  But a lesson that you can never disclose too much.  Opening up that line of communication is a good idea.

    Thank you so very much. Your response was the most helpful and I will follow this advice once we write up the inspection stuff for lack of a better term. lol. I really appreciate your help; that's all I needed :)

    4Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    8y

    I also believe, that blinds, just like lights, are attached and thus would automatically come with a house, unless it's specifically mentioned that the seller is going to take them. A seller can typically only take things that aren't attached. 

    0Reply
  • Antwanika Saxon
    OP
    Smyrna, GA · Member since 2013 · 19 posts · 9 votes
    8y
    Originally posted by @Michaela G.:

    I also believe, that blinds, just like lights, are attached and thus would automatically come with a house, unless it's specifically mentioned that the seller is going to take them. A seller can typically only take things that aren't attached. 

     Right and that's my point. Sorry if I wasn't clear. That might be why I got sarcastic responses. In Georgia, that is exactly right. Window coverings are automatically included. However, the seller has the option of overriding that by filling out the seller disclosure section. In the fixtures and appliances section, they can override GA law by leaving the box unchecked. An unchecked box means you mean to take the item with you. The seller left the window blinds box unchecked. I think it was a mistake, but my gut means nothing when closing day comes and the blinds are gone. lol

    0Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    8y

    Actually, it looks to me as if you're the one that's been giving sarcastic responses, when people were offering you help. But since you seem to know it all better, why are you here?

    6Reply
  • Antwanika Saxon
    OP
    Smyrna, GA · Member since 2013 · 19 posts · 9 votes
    8y
    Originally posted by @Michaela G.:

    Actually, it looks to me as if you're the one that's been giving sarcastic responses, when people were offering you help. But since you seem to know it all better, why are you here?

    Who did I give a sarcastic response to beside Danny? My response to you wasn't sarcastic.

    0Reply
  • Account Closed
    Property Management · Marietta, GA · Member since 2015 · 45 posts · 25 votes
    8y

    Your agent is right, most likely the blinds will stay. 

    She should've ask this to the seller's agent directly and confirmed it for you. Instead of asking you to ask yourself at the inspection. I understand buying a house is stressful. It is her job as your agent to address any concern. Blinds is not a big issue but if you concern about it, it is a valid question.

    Just ask her to add it to the next amendment. Be sure to do this before the due diligence end. 

    4Reply
  • Chris Purcell
    Investor · Philadelphia, PA · Member since 2010 · 739 posts · 372 votes
    8y
    Originally posted by @Antwanika Saxon:
    Originally posted by @Danny Randazzo:

    @Antwanika Saxon you can always write an offer that states: purchase to include blinds, window treatments, and anything else you want (maybe the car if the garage or special coffee machine). Possibilities are endless, good luck.

    Thanks for your useless response

    Almost as useless as this thread.   Except he actually gave you solid advice

    Keep up the sarcastic replies, you should do well here

    6Reply
  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    8y

    @Antwanika Saxon

    I will default to trusting your agent for the knowledge of your area.

    That being said, IMHO everything needs to be written down and specific. Otherwise people are sitting at the closing table asking for credits on Blinds and half open boxes of tile etc. So I believe settling it now on paper is a better option than "trust falling" into the closing.

    Asking for an addendum that says "Blinds to remain with property" or "Blinds to not remain with property" does not seem like you are asking for much. With electronic signatures that should take no more than a few minutes. Having everyone on the same page is huge in my opinion.

    Good luck in your transaction!

    5Reply
  • Deanna O.
    Rental Property Investor · San Diego, CA · Member since 2010 · 377 posts · 314 votes
    8y

    People get weirdly attached to all things housing. Maybe have a $ amount pre-decided and put it to the addendum ("seller to leave blinds, or add $2k in concessions to replace"). If seller just spent $2k to get blinds in to show the house, they may figure they can take them to their new house (and maybe they will fit) rather than "wasting" all that $.  There are many other buyers who would toss the blinds & replace to their own tastes, so not entirely whacko logic. 

    1Reply
  • Deanna O.
    Rental Property Investor · San Diego, CA · Member since 2010 · 377 posts · 314 votes
    8y

    (BTW, I didn't read Danny's answer as sarcasm, but as humor. People tend not to realize how little in Real E

    0Reply
  • Cara Lonsdale
    Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    8y
    Originally posted by @Michaela G.:

    Unless these are expensive wood blinds - mini blinds are $ 3.88 per piece at Walmart, so you'd spend less than $ 100 for a housel

     Most people don't put cheap plastic blinds in their house...and don't have 2 x 4 windows.  So, her concern is a valid one even if you don't think so.

    2Reply
  • Antwanika Saxon
    OP
    Smyrna, GA · Member since 2013 · 19 posts · 9 votes
    8y
    Originally posted by @Account Closed:

    Your agent is right, most likely the blinds will stay. 

    She should've ask this to the seller's agent directly and confirmed it for you. Instead of asking you to ask yourself at the inspection. I understand buying a house is stressful. It is her job as your agent to address any concern. Blinds is not a big issue but if you concern about it, it is a valid question.

    Just ask her to add it to the next amendment. Be sure to do this before the due diligence end. 

     Thank you Dewi!  And yes so very stressful! I'm ready for it to be over. 

    0Reply
  • Antwanika Saxon
    OP
    Smyrna, GA · Member since 2013 · 19 posts · 9 votes
    8y
    Originally posted by @Chris Purcell:
    Originally posted by @Antwanika Saxon:
    Originally posted by @Danny Randazzo:

    @Antwanika Saxon you can always write an offer that states: purchase to include blinds, window treatments, and anything else you want (maybe the car if the garage or special coffee machine). Possibilities are endless, good luck.

    Thanks for your useless response

    Almost as useless as this thread.   Except he actually gave you solid advice

    Keep up the sarcastic replies, you should do well here

     Solid advice telling me to ask for the coffee maker and the car in the garage??? ok

    0Reply
  • Antwanika Saxon
    OP
    Smyrna, GA · Member since 2013 · 19 posts · 9 votes
    8y
    Originally posted by @Mike Cumbie:

    @Antwanika Saxon

    I will default to trusting your agent for the knowledge of your area.

    That being said, IMHO everything needs to be written down and specific. Otherwise people are sitting at the closing table asking for credits on Blinds and half open boxes of tile etc. So I believe settling it now on paper is a better option than "trust falling" into the closing.

    Asking for an addendum that says "Blinds to remain with property" or "Blinds to not remain with property" does not seem like you are asking for much. With electronic signatures that should take no more than a few minutes. Having everyone on the same page is huge in my opinion.

    Good luck in your transaction!

     Thank you, Mike. I agree. I feel like this could be cleared up with my agent simply asking the listing agent and we can move on. I don't see what's so hard. I appreciate your response.

    0Reply
  • Antwanika Saxon
    OP
    Smyrna, GA · Member since 2013 · 19 posts · 9 votes
    8y
    Originally posted by @Deanna O.:

    People get weirdly attached to all things housing. Maybe have a $ amount pre-decided and put it to the addendum ("seller to leave blinds, or add $2k in concessions to replace"). If seller just spent $2k to get blinds in to show the house, they may figure they can take them to their new house (and maybe they will fit) rather than "wasting" all that $.  There are many other buyers who would toss the blinds & replace to their own tastes, so not entirely whacko logic. 

     Yes, I get both sides of the argument.

    0Reply
  • Deanna O.
    Rental Property Investor · San Diego, CA · Member since 2010 · 377 posts · 314 votes
    8y

    sorry - my computer keeps posting without me. 

    I was trying to say that personally I didn't see Danny's answer as sarcastic. People tend not to realize how negotiable Real Estate can be, as long as both parties agree.

    While Danny might have been joking about the car or the coffee maker, those aren't as outlandish as they might seem. I can easily imagine a probate sale with a 10-12 year old low-mileage car in the garage (my favorite kind of car, BTW). I would ABSOLUTELY consider trying to get it thrown in to the bargain if we were dickering on sales price of the house & I was interested in the car.  Sellers are always free to say no, or counter-offer. You can't take the process personally.  Like your Realtor said, it's not the War of the Roses.

    4Reply
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