What is Attached or Unattached Goods?
Posted on January 17, 2021 by Sandra Rafferty
Every time realtors work with offers they are dealing with many issues that affect both the Buyer and the Seller. The contract is complex and many believe it is just fill in the blanks. If you've been around contracts as much as I have in the past 23 years, you'll know that is very far from the truth.
When your realtor represents you as the Seller, and you are completing the listing contract, there is a section discussing what chattels you are leaving. The section looks like this:
1.1 including the following goods not attached to the land and buildings: This section is important for you. You are agreeing to leave items like a fridge, stove, washer, dryer, etc!!! These are called chattels.
and all goods attached to the land and buildings, except: This section is the section too often missed, but is highly important. You need to decide are you leaving items like a water softener, a chandelier, cabinets, etc!!! These are ATTACHED GOODS.
Have this discussion with your realtor. When the offer gets negotiated, you cannot forget items like your water softener. If you think you are going to take it when you move, you may have a buyer leave their legal options open to sue you for the taken items.
The same goes for the Buyer, On the Offer to Purchase, make sure you include all chattels, and anything you want that is deemed attached. If you don't tell your realtor, then you may be upset on possession when it's all gone.
The Real Estate Council of Alberta Defines:
Attached & Unattached Goods
Attached goods are items you cannot remove from the property without causing damage or that are physically attached to the property via pipes, screws, bolts, or nails. Attached goods stay with the property unless there is a specific exclusion in the listing agreement or in a buyer’s offer to purchase. These include:
Unattached goods are movable items. Sellers usually take unattached goods from the property before the buyer takes possession. These include:
Attached goods are typically included with the property while unattached goods are not.
A good example of how attached/unattached goods can be confusing is a wall-mounted TV. The wall mount is attached to the property, and is an attached good, but the TV itself is only attached to the wall mount, and is an unattached good. In the absence of specific inclusions or exclusions indicated in the listing agreement or in a buyer’s offer to purchase, attached goods are typically included in the property while unattached goods are not. If a buyer wants an unattached good included in the purchase of the property, such as the garage door opener or the attachments for the central vacuum system, they need to list it as an inclusion in their offer to purchase. As the seller, you would have to agree to such an inclusion as part of your acceptance of their offer. If you plan to take the unattached good, you need to put that in a counter offer to the buyer.
NOTE: In commercial transactions, everything other than the four walls is typically “unattached” (e.g. equipment, hoists) and should be specified in a Purchase Contract.
Issues at possession
If a buyer is worried about inclusions and exclusions as the possession date nears, they can ask their real estate professional to include a term in the offer to purchase where the seller agrees to let them do a walk-through of the property before possession. This would give the buyer an opportunity to see the condition of the property and ensure inclusions or exclusions meet the terms of the agreed-upon contract. If they see a problem, they can negotiate a mutually satisfactory resolution before possession.
When there is a problem with attached or unattached goods after possession, and the seller does not cooperate, the buyer’s only remedy is legal action. You need to think about the value of the missing goods in relation to the costs of legal action to decide if it’s worth pursuing.
Your real estate professional will help you consider and write exclusions and inclusions when drafting agreements and offers to purchase. If you’re ever in doubt about whether something is attached or unattached, include it in the agreement or contract anyways. When in doubt, write it out.
Real Estate During Covid
Posted on December 13, 2020 by Sandra Rafferty
Posted in: Covid, Covid 19
I had a call the other day, it was a young man trying to see a home before Calgary's December 2020 lockdown Government of Alberta's website.
He said he needed to see two specific houses before Sunday or he would have to wait until after the lockdown was over.
Real Estate is considered an Essential Service, during Covid 19 Greater Calgary Realtors® will proceed with showing homes in Alberta. The latest measures Realtors® will be following are:
5 Key Questions To Ask When Joining a Real Estate Team
Posted on November 24, 2020 by Sandra Rafferty
Posted in: Joining a Team
Teams are definitely an option when you are considering a real estate career. There is something positive to be said about working with a quality team.
Each team should be broken down to specialites. After all, you can't all be doing the same job every day. Having an inbound process with customers perfecting Marketing, Sales or Service is key to success. This will tune your team like a well oiled engine.
When interviewing teams here are 5 Key Questions to be asking.
#1. The contractual agreement you are going to sign to be on the team.
#2. How many hours are you expected to work?
#3. What if you want to go on a holiday?
#4. Online agent reviews
Are Remediated Grow-ops Safe to Live In?
Posted on November 20, 2020 by Sandra Rafferty
Before Cannabis legalization, the real estate industry was always on high alert for what we used to call a “grow operation” in homes we took part in selling. At the time, we were told “once a grow op, always a grow op”. This meant that at any time, spores could grow and spread throughout the home, even if “remediated”. It was highly recommended we discuss disclosure with the owner, in case this were to happen in the future. Mainly because, on the offer to purchase, including the contracts of today, the owner is to disclose known material latent defects. Material Defect means a defect in the property that is not discoverable through a reasonable inspection and that will affect the use or value of the property.
At the time, we were taught that due to Alberta having no regulation around remediation, so there was no certain way to say each remediation company did the same work.
As of October 17, 2018, adults were allowed to grow cannabis at home; up to four plants per household (not per person) for personal consumption. the https://www.alberta.ca/cannabis-legalization.aspx
A realtor today should be using a schedule for both parties to a contract asking for disclosure:
ILLEGAL DRUG MANUFACTURE/MARIJUANA GROW OPERATION
the Seller(s) hereby expresses, to the best of my/our knowledge and belief, the premises and property have not been used for the manufacture of illegal drugs or used as a marijuana grow operation.
Marijuana Grow Operations (MGO’s) are not always disclosed. Ideally, the seller will know, but not always. An MGO premises is usually subject to an order and a Notice of Health Hazard registration or maybe a police registration on title. It is best to pull the historical title. But this is not necessarily so either. Sometimes a google search can help. Or, just knocking on a door and asking a neighbour. Now, obviously most do not knock on doors, but, if something may be suspected, then yes, knocking on neighbours doors and asking if they know anything may be your best bet.
Are remediated grow ops safe to live in? Many say they are better than a re-sold home. Alberta, to this day, does not have a remediation regulation in place for MGO’s. Alberta Health Services has a detailed list of requirements for repair/rehab/remediation.
***The risk will still be, like a nagging worry in your mind, did they get it all out.***