When the Seller Takes What They Shouldn't
Posted by Hank Miller on
Moving out of a house can get surprisingly emotional—especially when a seller takes what they shouldn't as they leave. Maybe it’s the large wall mirror, the cool smart thermostat, a custom light fixture, or even that little Japanese Maple they’ve babied for years. So what stays and what goes (can go)? That devil is in the details, and in Georgia, those details are in the Seller's Disclosure. It boils down to the definition of a "fixture" and how the seller completes the seller's property disclosure. Among other things, that document states what stays and what goes. Failure to understand this critically important document is the reason that this is the most common problem surrounding a home sale.
What is a Fixture
Georgia real estate contracts…
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how a home is represented and described may not always be what a buyer sees. Advertising, especially in real estate, always pushes the boundaries, but there is an expectation that the information presented is factually accurate.
hidden defects, things that might not be discovered during a reasonable inspection of the home. A defect that’s been properly repaired is no longer a defect so technically, the home seller has no obligation to disclose it. That doesn't mean it's not a good idea to anyway.
Fear sells. The speed at which surveillance devices became "the norm" after 9/11 is mind-boggling; from satellites to cell phones, cameras are rolling. Out shopping for a home, always assume that you are being recorded when you step onto that property. The idea that home surveillance devices are now essential is marketing gold, not to be fully ensconced in "protection" could easily result in your or your loved one's demise. The result? Continuous growth of home security systems, from Ring to full video/audio surveillance; inside and out. Homebuyers are being recorded and there's no obligation for anyone to disclose that.
disclosure after contract? Standard real estate answer..."it depends". Issues with the seller's disclosure tend to be the most common thing buyers and sellers lock horns over. Contracts fall apart as buyers claim things were omitted, information wasn't accurate, something that was to remain was taken...the list is ever growing. Remember all of those buyers that waived the contingencies during the lunacy of '21 - early '22? Now some are having issues and looking to assign blame. A bit late for that, remember that while sellers in Georgia are obligated to disclose latent defects, they are not obligated by law to…