window coverings stay?

ready2movesMarch 30, 2010

Someone mentioned having a contract state window coverings stayed and that brought up another question.

I am replacing window coverings in the rooms so they can stay, but the bedrooms, I have blinds and then curtains. The curtains are matched to the bedding. Kids' and master. The childrens concern me as it is a matching set. We don't plan on leaving them. Do I need to remove the curtains?

I am leaving curtains on all the windows that need to have at least some privacy. The blinds will be staying for all the bedrooms (kids and baths) so there will be some window treatment.

Can you specify more clearly what stays and does not in contracts?

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phillipeh

What stays and what does not is dependent only on YOUR contract. When we sold our house, we specifically stated to our realtor that the outdoor fountain and the refrigerator would be coming with us. On the first offer we received, they asked for the fountain, the fridge, the garage cabinets, and the window treatments. We conceded the cabinets and window treatments because we weren't going to take them anyway, but we had to stand firm on the fountain (an identical replacement could not be found) and the fridge (we wanted it for our new utility room). If you want the curtains, keep them. Tell your realtor. If you or he thinks it will be an issue, take them down prior to showing your home. Regardless, though, the only thing that matters is what you and the buyer agree to, not what is "standard."

    Bookmark   March 30, 2010 at 10:23AM
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Billl

"Can you specify more clearly what stays and does not in contracts?"

Whatever the contract states. These aren't magical documents. The buyer is going to (hopefully) make and offer and there will be a clause about what conveys. If you don't agree with that clause, you can negotiate something different.

In general though, if there are items you don't want to negotiate over, you should get them out of the house so they don't become stumbling blocks to a sale.

    Bookmark   March 30, 2010 at 10:39AM
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terriks

It is pretty common in a listing agreement to state that certain decorative window treatments do not convey. I wouldn't bother to remove them before showing. People should be able to recognize them as "decor", especially since they match the bedding.

    Bookmark   March 30, 2010 at 11:58AM
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sylviatexas1

Listing agreement is between seller & Realtor;
sales contract, between seller & buyer, would supercede anything seller instructed Realtor to do or say.

Texas contracts identify window treatments, including curtains & rods, draperies & rods, & a whole bunch more that I can't recall off the top of my head, as being part of the real property & staying with the house.

Even "mirrors fixed in place" (generally bathroom mirrors) are listed as being part of the real property.

Read your property description on the sales contract; it'll tell you what to pack & what to leave behind.

billl offered good advice;
if you want to keep anything that might possibly be construed to be a part of the real property, get it out of the house.

If the kids' rooms look funny without their curtains, buy some bright-colored single flat sheets & hang them on the curtain rods.

I did laugh at the statement about keeping the fridge "for our utility room":

Sellers, this is up to you, & I suspect the buyers made a laundry list of "stuff" to ask for, expecting to get some of it but not all of it, but if the only thing that stands between you & an executed contract is a fridge for your utility room, give 'em the fridge & get yourself another one when you move.

    Bookmark   March 30, 2010 at 2:08PM
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phillipeh

We almost gave them the fridge, but the appraisal came in $2000 under the "contingent on appraisal" offer. We already knew they were planning on paying cash (and we had a letter from their bank saying that they had the cash on hand to complete the sale). They offered the appraisal price, we countered halfway between the appraisal and the original offer (plus we would keep the fridge), and they agreed. My wife and I had already decided to cede the fridge if necessary. Turns out we should have because it doesn't fit in the space in our utility room where we wanted to put it!

    Bookmark   March 30, 2010 at 3:17PM
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terriks

Listing agreement is between seller & Realtor;

You are right. I was thinking about the listing information that goes into the MLS.

    Bookmark   March 30, 2010 at 3:54PM
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coloradomomof5

I was bummed when I heard that the people that bought our previous house immediately took down the very expensive custom made curtains I left for them. If I would have know, I would have taken them with me! This time, I wrote in the contract the exclusions of what stays and what goes-specifically. Like you, I am keeping the MB curtains as they match the bedding and my son's curtains because, by golly, I hand made those things and I can't part with them! LOL. Really, our new house has double the windows, so most of the old curtains wouldn't fit anyway. I also leave all the rods, which sounds funny, but we bought a house where they even took all the curtain rods and just left the nail holes in the wall where they took them out.

    Bookmark   March 30, 2010 at 6:14PM
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ready2moves

I feel since I am leaving the blinds in the bedrooms, I should be able to take one kids bedroom's curtains. Not sure what I will do. After I repaint the room, I can see what looks good. I like some sort of a curtain/valence as I think it just adds or finishes a room, but I will see. (I will not leave the curtains/valences that match the bedding) Its enough for two 36 in. windows so they would work in a new house, too.

I feel like taking the rods, too! No, I won't. I took down all the ones in the family/kitchen area, as I knew I wanted those, and the room looks more open without valences or blinds.

About the fridge, we have two. I am going to sell both of them before listing and buy a new smaller one that will fit better in the space. The one I have now is just too big, it barely fits and its getting old. Not sure how we will live with just one, though.
So, I also would like to take both my fridges with, but husband refuses. Wait until he sees what the new one I want costs.

Its just amazing what buyers are expecting. But, it is a buyer's market.

    Bookmark   March 31, 2010 at 12:51PM
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sylviatexas1

"I feel since I am leaving the blinds in the bedrooms, I should be able to take one kids bedroom's curtains."

Just be sure that the buyer agrees & the contract agrees.

Sellers, *read your contracts*.

If you remove something that the contract says is a part of the real property, you may be guilty of breach of contract, which could give the buyer the right to terminate, & you may be guilty of theft.

Buyers, do a walk-through before you close.

    Bookmark   March 31, 2010 at 3:16PM
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jane__ny

My buyers offered to pay us for various things. We left two refrigerators, but they wanted outdoor storage bins, all the junk in the garage (go figure), some tables...things we were going to try to sell on CL. They wanted our dinning room set and I sold it to them. Really saved us a lot of trouble.

Prior to the closing, I sent the buyers agent a list of everything we would leave behind, if they wanted. Anything else they would have to pay for. They did.

Jane

    Bookmark   April 1, 2010 at 12:21AM
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linda117117

This is very regional. In Texas, its expected it all stay, in my part of NY, it would be very unusual for curtains to stay. Check with your realtor about what is customary in your area and adjust your contract to suit your needs.

    Bookmark   April 1, 2010 at 9:06AM
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ready2moves

Wow, great advice. Will try and put things I don't care about up.
And will most certainly keep a LIST of what stays.

Thanks!!!!

    Bookmark   April 1, 2010 at 6:23PM
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xine

I think I mentioned once about my contract and the term used as "window coverings" were included. I had to clarify with both real estate agents that I was taking all of the fabric curtains hanging over any windows, but that I was leaving the rods that were attached to the walls as well as all of the 2" blinds (on almost every window). In the kids' rooms, the valances matched their bedding, so I wasn't going to leave those, of course. The others were all stuff from Penney's, so nothing spectacular, but it matched my decorating scheme and were standard sizes, so I wanted it. BOTH agents (mine and the buyer's told me not to worry about it -- odd story, but the buyer's agent was at one time my selling agent -- that "window coverings" meant whatever I wanted).

I specified "curtains" were excepted in the contract, not wanting to disappoint a buyer. I know that I would feel cheated if I expected something to be there when I bought a house and I showed up after closing and it had been removed. I don't want to play like that.

    Bookmark   April 15, 2010 at 10:54PM
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sylviatexas1

"BOTH agents (mine and the buyer's told me not to worry about it -- odd story, but the buyer's agent was at one time my selling agent -- that "window coverings" meant whatever I wanted)."

I'm glad it worked out for you, but sellers, please don't take it for granted that "window coverings" means "whatever you want".

Here, "window coverings" means anything that's on those windows.

If there are blinds, sheers, lined drapes, & valances or swags, they *all* stay unless buyer & seller agree otherwise in writing in the contract or in an addendum.

    Bookmark   April 19, 2010 at 3:04PM
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