July 27, 2009
Dear George: Is a pot rack hanging from the kitchen ceiling considered attached to a home and, therefore, included in any sale? I didn't exclude it because I thought it was a decoration like a picture on the wall. What about a tapestry hanging on a rod which is attached to the wall? What about shower curtains and rods?
Answer: Whenever there's an item that you wish to take with you when you sell your home, list it in Paragraph 2, Property, Section D, Exclusions, of the One to Four Family Residential Contract (Resale). That will prevent any confusion. However, it sounds like the pot rack wasn't excluded in this way. So, the manner in which the pot rack was attached to the ceiling provides a reasonable guideline. For example, if the pot rack was hung from a chain that was attached with small eye screws, then an argument that it is not a fixture might win the day. However, if it was attached by legs that screw into the ceiling, an argument that it is a fixture and goes with the property would seem reasonable. Keep in mind that a pot rack, regardless of its price, is not worth a court battle.
Dear George: We've had our home on the market with a REALTOR® for 145 days and want to list it with a new REALTOR® for several reasons. How long do we have to keep our home out of the MLS after our current contract expires before we can re-list it and have the days on market revert to zero?
Answer: You can re-list with another real estate brokerage who is a member of the MLS as soon as your current listing expires. Changing a real estate firm in order to re-list your property will change the number of days on market with that firm. However, any member of your local MLS will be able to obtain a property archive report that will show your property's previous listing activity. Unless there is a compelling reason to switch REALTORS® other than changing the days on market, communicate with your current agent and broker about what you'd like to change regarding their attempts to sell your property.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
