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Hamptons.com
November 22, 2013

Beyond the Kitchen Sink: Do Not Presume What Goes With the Property

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate

In real estate sales, presumption is often the root of most problems.

A license law requirement for real estate brokers should be, “never presume,” and never say, “I don’t see why not.”

In my last article, I addressed how a real estate broker could help avoid problematic situations by clearly establishing with the seller and buyer their needs and abilities with respect to occupancy and transfer of title.

Another issue that should be addressed by the broker and seller at the time of listing is what goes with the property. It is not uncommon for sellers and buyers to make certain assumptions which may prove contentious in light of reality.
What about that very expensive, dining room chandelier you purchased in Venice on your 25th wedding anniversary? Does that go with the property? Or the high-tech appliances you are so enamored with? Can you substitute less expensive ones? And what about that luxurious out-door gas grill the kids gave you last Father’s Day? Is that included?

While issues of this kind are likely to be addressed in the contract of sale between the seller and buyer, their expectations and misunderstandings arise before preparation of the contract by the attorneys.

Let’s examine the question of the light fixture. The key to the answer is in the word “fixture.” A fixture is considered part of the real estate and transfers with the property, no matter how expensive or “sentimentally attached” the seller may be to the fixture. But what is also true is that the seller may exclude the light fixture from the sale. So far so good, but the problem often arises when the seller assumes they may remove it from the sale and this is not communicated to the buyer who presumes inclusion. “Nobody told me the chandelier wasn’t included,” the “nobody” usually being the broker. “How would you like to cut your commission to pay for the missing light fixture?” Not a question brokers want to be asked.

What about the high-tech appliances? Stove, refrigerator, washer, dryer, dishwasher? The answer may depend on whether they are permanently attached to the home. A better answer is the broker should clarify the issue before listing and showing the property. Take nothing for granted. The seller may not take it upon themselves to substitute appliances with others. How would you, broker, like to cut your commission to compensate for the substituted appliances. There’s that question again. The out-door barbecue, assuming free-standing, would be considered personal property and not included in the sale. The seller and buyer are free to agree otherwise.

Experienced real estate agents, in the Hamptons and elsewhere, have a myriad of horror stories to tell about how misconceptions among buyers and sellers regarding “what’s included” can emerge in otherwise dignified surroundings at closings, from fisticuffs, name calling, often of the broker by all parties present, to refusing to close.

I invite any of our readers who have experienced these types of occasion to share their thoughts by making a comment here.

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The (RED) Auction Raises Over $26 Million

The (RED) Auction Raises Over $26 Million

  • 7 Lee Lane, Wainscott, NY 11975⁠
Saunders Exclusive: $8,875,000⁠
@hamptonsrealestate⁠
@vinceinthehamptons⁠
@paramountdevelopmentgroup⁠
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Ready for immediate occupancy and fully furnished. Stunning new construction from renowned Hamptons Paramount Development Group, South of the Highway in Wainscott.⁠
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Sited on a flag lot off the end of a cul-de-sac and surrounded by scenic easement, this brand-new home has 7,366 +/- sq. ft. of living space on 3 levels with 7 bedrooms, 7.5 baths, an attached 2-car garage, and heated saltwater pool with an optional pool house.⁠
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Seamless luxury inside and out is woven together for enviable entertaining and everyday, effortless comfort. Interiors are bright and inviting, filled with natural light throughout the contemporary open-concept floorplan.⁠
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The elevated primary suite has its own private balcony and a luxe bath. Additional bedrooms are spacious and comfortable, sure to impress your friends and guests.⁠
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Ready for everyday luxury living, the finished lower level includes a home gym, 2 bedrooms, a full bath, a recreation room, and sauna.⁠
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Easy indoor-outdoor living awaits as you dine al fresco in the backyard with an outdoor kitchen, lounge in the sun by the 20’x40′ heated, saltwater pool and wash off after a day at the beach with an outdoor shower.⁠
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Positioned perfectly just off the iconic Georgica Pond and surrounding estates, plus the world-class ocean beaches and the countless charms of Wainscott Village.⁠
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#newconstruction #hamptons #luxuryrealestate #wainscott #hamptonsrealestate
  • The reopening of the Sunset Theater marks a new chapter for a historically cherished cultural venue in Westhampton Beach, originally built in 1927. After what Founder and Managing Director Inge Debyser described as an extensive three-year renovation, the beloved movie theater officially reopened its doors at 2 Brook Road on Friday, April 25.⁠
@sunset.theater.whb⁠
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Read the full article at Hamptons.com (Link in Bio)⁠
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#sunsettheater #hamptons #westhamptonbeach #movies #film
  • Kicking off Memorial Day weekend, The HUB—short for Health, Unity, and Beauty—launched its summer season with an impressive soirée on Friday. ⁠
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Founders Michael Catalano and Toni DeMauro, along with creative and event leads Alex Vinash and Billy Folchetti, welcomed 300 Hamptonites into the magic of their bold new project.⁠
@hub_hamptons⁠
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Check out the full gallery at Hamptons.com (Link in Bio)⁠
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📸: Rob Rich/SocietyAllure.com⁠
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Join us as we toast to conservation! 🌊🍺 Proceeds support marine restoration through @ccemarine Back to the Bays Initiative.⁠
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Medina grew up in Mexico City, where his love for cooking first began. In pursuit of his career, he moved to New York City, where he graduated from the French Culinary Institute. Noticing a lack of refined Mexican dining in Southampton, Medina created El Verano to bring the bold flavors of his roots to the area. Blending Mexican coastal charm with rich culinary traditions, El Verano brings something new to the Southampton dining scene.⁠
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Read the interview at Hamptons.com (Link in Bio)⁠
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  • NAMIRO made its Southampton debut in style on May 17 with a ribbon-cutting ceremony and VIP cocktail preview, joined by Mayor Manger. Guests enjoyed signature bites and high-energy vibes at this invite-only event.⁠
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