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Mari Armstrong, Offering You Honesty, Sincerity and Integrity (ArmsLink Realty)

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Rainmaker
4,319,419
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Mari Armstrong now this is a breach of trust. Please discuss with the attorney and listing agent to resolve this ASAP.

Feb 24, 2015 12:45 PM
Rainmaker
7,834,939
Roy Kelley
Retired - Gaithersburg, MD

This could become a major issue. You wonder what else they have removed. I would ask for the replacement of the storm door in no uncertain words.

Feb 24, 2015 09:52 AM
Rainmaker
443,220
Cindy Davis
SD Home Source Realty - San Diego, CA

I would think exchanging something like a door would be an issue....

Feb 24, 2015 09:40 AM
Rainmaker
630,251
Ajay Pandya
e-Merge Real Estate Unlimited - Columbus, OH
Realtor Ajay Pandya

I am sure attorneys were there for your clients.

Feb 18, 2018 07:05 PM
Rainer
25,344
Mari Armstrong
ArmsLink Realty - Murrells Inlet, SC
Offering You Honesty, Sincerity and Integrity

Update on the storm door issue - My buyer chose to not "make a stink" over the storm door and he closed on the property this past Monday. He's thrilled to be in his new home and I'm opting to let this one go by the wayside since the buyer is happy, which is what we really want. right? Thank you everyone for the encouragement and insight!!

Mar 06, 2015 04:31 AM
Rainer
45,957
Andy Madrid
Hawaii Coast Realty, LLC - Kailua-Kona, HI
Expertise, Professionalism, and Service

In California, the California Association of Realtors has stated that the method of attachment does not determine whether or not an item is considered a fixture.  I have read comments that say "if you need tools to remove it, it is a fixture" or "if it's screwed in, it is a fixture".  I dont think it is as easy as that, at least not in California.  I would speak to the other agent and have your clients consult an attorney

Feb 25, 2015 03:07 AM
Rainmaker
400,356
Jill Murty, Realtor - Orange County, CA
Movoto - Laguna Niguel, CA

Mari Armstrong - Please let us know the outcome of this sticky situation!

Feb 24, 2015 11:41 PM
Rainmaker
4,434,127
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I like Praful's advice. Talk to the agent first and talk to an attorney .

Feb 24, 2015 09:32 PM
Rainmaker
5,104,806
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

It is in North Carolina. Here, if a seller wants to keep a fixture they need to say so in the listing and in a contract.

Feb 24, 2015 08:08 PM
Rainmaker
1,139,819
Russ Ravary ~ Metro Detroit Realtor call (248) 310-6239
Real Estate One - Commerce, MI
Michigan homes for sale ~ yesmyrealtor@gmail.com

It sure is the better be putting it back on.  Anything screwed in is a fixture 

Feb 24, 2015 06:48 PM
Rainmaker
634,482
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Yes. Sounds like you have a legal issue now. Hope it all works out for your clients.

Feb 24, 2015 05:03 PM
Rainmaker
3,340,443
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

In our opinion....without somehow being listed as an "exclusion"....we tell

Sellers to make any substitutions before listing...the door should be put back to the way it was when the offer was writtem. Seek written opinion from your legal dept of your state association and forward to listing agent.

Feb 24, 2015 04:58 PM
Rainmaker
2,224,473
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

If you have to use tools to remove it...it's a fixture. I hope this turns out OK for your buyers. 

Feb 24, 2015 12:24 PM
Rainmaker
5,868,372
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

In our Colorado contracts, it is pre-printed the storm/screen doors are included.    I too think this will be a problem, hope the listing agent knows how to guide their seller through this, good luck! 

Feb 24, 2015 11:50 AM
Rainmaker
400,356
Jill Murty, Realtor - Orange County, CA
Movoto - Laguna Niguel, CA

Unless it was specifically excluded in the listing and specified in the contract, the sellers are causing a problem for themselves by taking the door.  

Unfortunately, the buyer's remedy may be to go to small claims court unless someone can talk some sense into those dumb sellers.

Feb 24, 2015 11:31 AM
Rainmaker
3,988,007
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

That is wrong. They should replace it immediately either with the same door or an equal or better one. I would be making my calls now to get it rectified by Friday.

Feb 24, 2015 11:19 AM
Rainer
6,311
Sandra Cannon
Urban Provision, REALTORS® - Houston, TX
Tech Savvy, Paperless REALTOR, ABR & CRS

Here it would be.  It's "attached" to the home.  Sounds like you guys need to do a pre-closing walk thru ASAP to make sure nothing else was removed.  Good luck!

Feb 24, 2015 11:08 AM
Rainmaker
1,683,912
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

The last I heard, if it is fastened down, then it stays.  I would say that was fastened down.

Feb 24, 2015 10:33 AM
Rainmaker
4,571,456
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Mari -- it depends on how the contract in your state reads.   

As Roy Kelley mentioned --- what else was changed?   It certainly appears to be a red flag.

Feb 24, 2015 10:13 AM
Ambassador
6,392,879
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Tough conversations, hope this worked out well.

Nov 10, 2019 11:09 PM
Rainer
279,878
Dipti Thakkar
LAER Realty Partners - Andover, MA
On a team with Praful Thakkar

Yes.

Jul 04, 2018 11:13 PM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Yes, this should not have been changed unless it was disclosed.

May 03, 2018 06:25 AM
Rainer
216,904
Sharon Altier
Coldwell Banker Realty - Elmhurst, IL
Luxury Property Specialist, CSC, SFR

I would bring it up to the agent, as well as the Buyer's attorney.  Perhaps show them the pic (from MLS?) of what it looked like before, versus now.  Should be equal value.

Mar 02, 2015 05:12 AM
Rainer
25,344
Mari Armstrong
ArmsLink Realty - Murrells Inlet, SC
Offering You Honesty, Sincerity and Integrity

OK everyone - we did a pre-closing walkthough this afternoon and my buyer was pleasantly surprised. Yes, it's definitely a different full glass storm door and not nearly as nice as the one there when we made our offer but it's a quality door. Otherwise, the home was in excellent condition. Everything was clean and exactly how we hoped. So, my buyer decided to not make an issue of the door, "It's just not worth the hassle".... He just wants his new home. Thank you so much for the input from everyone. I've learned from this experience that I really need to be VERY SPECIFIC on my offers, more than I have been in the past.

Feb 25, 2015 08:27 AM
Rainer
25,344
Mari Armstrong
ArmsLink Realty - Murrells Inlet, SC
Offering You Honesty, Sincerity and Integrity

We're 48 hours away from closing and we're going over there this afternoon to do a thorough inspection. I did let the listing agent know about the storm door and he said "they've been difficult sellers all along....". Ugg!!

Feb 24, 2015 11:31 PM