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What Constitutes Built-in Appliances

Rob F.
12 years ago

Hi all:

Does anyone know where to look to determine if an appliance is considered "built-in" or not. We excluded our kitchen range and range hood by not checking it as being included in the sale on the Georgia disclosure form but there was an addendum to the sale contract inserted by buyers that said all built-in appliances not specifically excluded stay. The range is expensive and it has some sentimental value to us. We want to do the right thing and are curious about thoughts from the pros on this.

TIA!!

Comments (14)

  • brickeyee
    12 years ago

    It is almost always better to remove items you do not intend to convey and replace them before even showing the house to buyers.

    Stoves, hoods, light fixtures, etc.

    Put a new appliance in place and advertise it as 'NEW.'

  • Billl
    12 years ago

    "Hopefully a little thing like whether an appliance conveys or not should not make a buyer walk away, but you never know......... "

    Well, a high end stove and hood could be a $10,000 "little thing."

  • chisue
    12 years ago

    I'd like to know how many deals fell apart over the dining room chandelier! lol

    Would you lose a sale over these two items? What percentage of your selling price are these? What would it cost you to dismantle the hood and re-install it elsewhere? What would a new one cost to install?

    Funniest thing I heard concerning 'what conveys' was when the buyer of our neighbor's home wanted the contract to specify that the underground sprinkler system conveyed.

  • lazy_gardens
    12 years ago

    I'd like to know how many deals fell apart over the dining room chandelier!

    Quite a few closings end with the sellers having to hand back the lighting fixtures, dishwashers and other things they removed, or pay for a similar item to be installed.

    My neighbor the long-time real estate agent makes it VERY clear to her sellers what needs to be specifically excluded or it is considered "part of the house". She prefers that these things be removed before the house is shown so there is no question.

  • sylviatexas1
    12 years ago

    Read your contract, & if it says that kitchen ranges are part of the "real property", you have to leave it or come to an agreement with the buyer.

    The paragraph that describes the property (lot X, block 4, Sunny Meadows, known as 123 Broad Street) also *defines* the property, & it lists in detail the items that are part of the "real property" that remain with the house.

    If you didn't show the stove as an exclusion in the blank at the end of the property description, it stays with the house.

  • sweet_tea
    12 years ago

    a range is not built unless unusual installation situation. a wall oven is built in. an in-the-counter cooktop is built in, such as those with cabinets below. most dishwashers are built in (except those stand alone roll aways that are rare).

  • Carol_from_ny
    12 years ago

    Somebody needs to go back to the buyer......like the agents and remind them that you excluded the range and hood on the form by not checking it. You have not changed your mind and want to be clear on that and are fine with everything else...assuming you are okay with everything else.
    I think a few phone calls and things should be straightened out. This is what your agent is there for to fix these little miscommunication problems which is what I think this is.

  • brickeyee
    12 years ago

    "Well, a high end stove and hood could be a $10,000 'little thing.'"

    A left a brand new gas stove and moderate priced hood (it was easier to install a hood then patch the brick) for a purchaser of my personal house.

    I pulled out a Viking stove and hood with external blower and put them in a storage locker, along with a heavily loaded crystal chandelier, solid plaster medallion, newer larger garbage disposal, and a lot of less often used tools to clear up the basement before the listing.

    The buyers never had any idea what used to be there, they just saw new appliances (mid grade to go with the price of the house) and fixtures.

    Buyers have a nasty habit of wanting a deal on higher end stuff, so if I want to keep it it is replaced before listing.

  • c9pilot
    12 years ago

    I'm curious how this particular situation was resolved.

    Of course, it is always better to clearly state your position on ANY uncertain property because the "pick up the house and shake it" method (theoretically anything that falls out is not part of the house) doesn't always work out, and there's always local "how we do things here" that factors in. My personal take also includes what is required for an occupancy inspection, which most places I think requires a cooktop of some sort, but not necessarily a refrigerator. A plain refrigerator might "fall out" but with an ice maker seems rather "built-in" to me.

    One house we bought, the refrigerator and a chandelier were specifically excluded, which was fine, we asked them to replace the chandelier with another fixture. We should have been more specific because we ended up with a $3 tin-pie-pan-over-bare-bulb hanging light there. Another house I wish we had taken pictures because I'm quite sure they changed out a ceiling fan and that the washer and dryer matched when we saw the house (not that we expected them to leave the W/D anyway). It's always weird what sellers leave behind that you didn't want, but that's another thread.

  • brickeyee
    12 years ago

    "My personal take also includes what is required for an occupancy inspection, which most places I think requires a cooktop of some sort, but not necessarily a refrigerator."

    I think you would be wrong here.

    Occupancy inspections often do not require stoves or refrigerators.

    Working heat, plumbing, and electrical are about it in many places.
    On new houses you can also get dinged for things like window screens in some places.

  • sylviatexas1
    12 years ago

    "you excluded the range and hood on the form by not checking it."

    That won't work;

    The contract paragraph that defines what is considered "real property" defines what stays, & kitchen ranges are almost always included, whether they be built-in or slide-in models.

    The only way for a seller to keep an item that appears on the property description paragraph is to specifically exclude it by name & description (ie, not "kitchen range", but "1938 Kenmore gas range" or "Jenn-Aire 6-burner commercial gas range").

    Ignoring the block on the disclosure form doesn't give the buyer a clear notification that the item doesn't remain;
    maybe the buyer thinks you just missed checking the block.

    You have to put the description of the item in the line following the list of things that are considered real property.

    If you want to keep your range, chandelier, etc, remove them & store them before you let your Realtor take photos & before you let any potential buyers into the house.

    Similarly, since washers, dryers, & fridges do not appear on the list of real property, if you are the buyer & you want the seller's washer, dryer, or fridge, or their bedroom furniture or the backyard grill that they wheel around on a cart, put it in writing.

  • jane__ny
    12 years ago

    What about appliances which are so old they don't work? Do the sellers have to replace them. Just looked at a condo with the first dishwasher ever built...probably from the 50's.

    Jane

  • brickeyee
    12 years ago

    "Do the sellers have to replace them."

    RE is normally sold 'as is.'

    A non-working appliance should have been noted on any required disclosure forms, but what you see is what you get.

    I did get to force a seller to replace a broken oil-fired hot water heater, but only because he made the mistake of claiming that it WAS working on the disclosure.