Real estate agents sometimes bear the brunt of other people’s frustration during or after a real estate transaction. In some cases, complaints come directly from clients. Other times, the other party involved in the real estate transaction initiates the complaint.
An agent who represented the seller during a real estate transaction might end up responding to complaints made by the buyers. Buyers may bring allegations that sellers failed to disclose known defects with the property. They might also accuse the sellers of removing items from the property that diminished the value of the home.
When can the items that sellers remove potentially cause complications after a real estate transaction?
When the removal is inappropriate
There are certain assumptions that come with purchasing listed real estate. Expecting to receive the property in roughly the same condition that it is in during viewings or open houses is standard. Sellers typically need to make a point of removing items that they do not want to transfer with the home before showing the property to others.
With the exception of personal property, like furniture, any home improvements that they wish to retain, such as antique lighting fixtures, typically require removal before buyers make an offer on the property.
The same is true for landscaping, such as particularly high-value perennials. Even window dressings, with the exception of curtains that easily slide off of a rod, typically transfer with the property unless sellers include very specific terms in the listing indicating otherwise. The removal of those items can reduce the perceived value of the property and violate the purchase agreement.
When they agreed to leave items
Sometimes, buyers fall in love with specific items while touring a house. They see a painting in the foyer that they insist on keeping or want to keep the curtains. Buyers and sellers typically negotiate matters including appliances and personal property on a case-by-case basis.
Provided that the sellers agree in writing to leave certain items behind, removing them from the property could result in litigation. If sellers don’t communicate or don’t remedy the issue quickly, buyers may use the legal system as a means of demanding accountability. They may take action against an agent rather than the sellers themselves because of the professional insurance coverage that the real estate agent has.
Agents generally need to ensure that they inform their clients of their obligations and that they help respond to complaints after the completion of a transaction. Agents facing real estate litigation related to unfulfilled contractual obligations may need help responding effectively. Lawsuits can cause financial hardship and can also potentially put an agent’s licensing at risk, if they are not managed thoughtfully.