Question and Answer- Advice From Carolyne (Realty) Corp. for Real Estate in Brampton and Burlington, Ontario, Canada

If you have any questions such as this, I would be pleased to provide an answer. Just send me an email at bramptonhomes@carolyne.com or call 905-458-6711 (message center available 24/7). You may remain anonymous.

A visitor to my web site writes:

Questions and Information: If you are selling a house with a built in dishwasher, do you have to leave it or can you take is with you and have it excluded in the listing?

My response: (I took the time to answer Linda’s question, but I never received a response from her, to say she received my email. I appreciate the opportunity to respond to the question Linda presented and hope my answer helped).

Hello Linda,

Thank you for your email question.

Everything in real estate is law-related (basic contract law), and the answers to all questions go to the root of the contract - first the listing "contract" followed by the agreement of purchase and sale "contract." Whatever is most currently "in writing" supersedes the previous situation but must be worded very carefully.

"Every issue and item" must be addressed. First in the listing, then, again, in the offer.

You can include or exclude almost anything and everything. But whatever the "it" is, it must be addressed in writing.

So, the answer is that if you put it in writing that you would leave the dishwasher, then you will leave it. Now, having said that - just because something is in a listing does not mean you MUST leave it... but to tidy up loose ends, it should be "clarified" in the offer. For example, you may put in a listing, perhaps, that such and such stays... but when you get an offer that you feel is not what you would like to have price-wise, then perhaps you can use that item as a negotiating tool, thereby deleting it from the transaction - by maybe saying --- ok I will leave the dishwasher, but then the selling price will be xxx - or otherwise I will take my dishwasher and the price will be xxx.

Does this make sense? I think perhaps the root of your question is tied to the expression - if it is nailed down, glued down or screwed down, it stays with the house... and some agents even fall prey to that thinking (not necessarily - that is why you sometimes see "gas burner & equipment" in an offer; that means the furnace)... since some owners have been known to remove the furnace, it is likely better to address the issue on paper to protect all concerned.

Otherwise, it becomes a situation where "he thought, she thought," ... and that can get dangerous and EXPENSIVE... because then a judge will decide who is right and who is wrong if someone wants to take it that far.

Disclaimer: this is not legal advice, and if you have a legal question please contact your attorney.

I hope this information has helped to clarify. If you already have an agent who has your home listed or one who is acting on your behalf as a buyer - they may have a different approach to answering your question, and I in no way want to interfere with their advice to you. Real estate is local, and you don't say where you are located, or if you are already working with an agent.

If you know anyone who is thinking of selling or buying in Brampton, I would appreciate your passing along my name. Referrals to sellers and buyers is my lifeline, and they are very much appreciated.

You also may want to read:

It's OFFER TIME - Now What?
(what you need to check when an offer comes in)

Cordially,

Carolyne ~ 905-458-6711
Celebrating serving Brampton homeowners for more than 25 years.

President and Broker of Record

Carolyne Realty Corp. Real Estate Brokerage (1991)

http://www.Carolyne.com

*This material is copyrighted by Carolyne Realty Corp. and may not be reprinted without permission in writing.

©1998 by Carolyne Lederer PLEASE NOTE: this material is copyrighted by Carolyne Realty Corp. and may not be reprinted or duplicated in any form without the written consent of the copyright holder.

1/14/98