Option period not too late to request non- realty items
Q:I received an offer on a house. We executed the contract. There was no realty addendum [ Author’s note: “Non- Realty Items Addendum”] attached to the offer.
The buyer’s agent feels the refrigerator, and washer and dryer should convey since they were listed in theMLS. Is that true? The buyer’s agent never asked for the fixtures until 10 days into the option period.
That is true as far as the offer goes, but not necessarily true when it comes to the contract. The owner and the listing agent work together to make sure the MLS has the correct information. If the MLS listing states the appliances will convey with the property, then the owner is agreeing in advance to that conveyance.
However, if the buyer does not indicate in the contract that the buyer wants the appliances, the owner might assume the buyer simply did not want them. Therefore, the buyer’s agent
A:should have completed a Non- Realty Items Addendum( or a Bill of Sale) that would have made it clear the buyer did, indeed, want the appliances.
During the option period, it is not too late for the buyer to request the appliances. It is the owner’s decision whether or not to agree. If the owner chooses not to agree with the buyer’s request, then it is the buyer’s option to terminate the contract or to accept the property without the appliances. Of course, if the owner decides to agree then the appliances will convey.
In that event, the buyer’s agent should complete a non- realty items addendum or a bill of sale. Before my mother died, she allowed her sister to put a mobile home on the property.
Q:A:If all the facts in your email to us are correct, it should be a simple thing to go to Justice of the Peace Court and evict your deceased mother’s sister and her son.
We recommend you and your other siblings hire an attorney who can advise you and, if necessary, litigate the matter. He or she will need to verify your mother owned the property in question and the validity of her will. The attorney will most likely need to determine whether or not your mother’s sister — and perhaps also her son — has a legal right to occupy the land. My lease expired Aug. 31, 2012, with rent paid until that date. I requested a deference by email, and never received an electronic, verbal or written response.
The property management company withheld another 18 days rent at $ 1,200. Our original move in date was April 1, 2011, with a $ 4,000 deposit. The monthly rent of $ 2,000 was paid to Aug. 31, 2012.
He then proceeded to show the house on the 18th without contacting me. The house had no issues at turnover, in fact, was rented Sept. 1, 2012. There is no written document withdrawing my authorization to show the unit. How shall I proceed?
You should look to your lease to determine
Q:A:your next step. If you used the TAR Lease Agreement, provided you had given the landlord proper notice and your forwarding address, the landlord is obligated to return your security deposit — less any allowable deductions, within 30 days.
We believe your question concerns the fee you were charged for requesting the landlord not to show the property during the final 30 days of your lease ( Paragraph 14. D( 1) and ( 2).
If we understand correctly, you asked the landlord if he would not show it during those final 30 days but received no reply.
Then, on the 18th of the month, the property was shown without notice to you. Merelymaking the request does not modify the lease.
We suggest you go to the Justice of the Peace Court and sue the landlord and the landlord’s property management company. You’re entitled to get your deposit back. Be sure to have pictures of the premises as you left, and confirmation the house was re- leased immediately after you left. Plead for treble damages if the refund isn’t returned within 30 days. Do I have to pay the full commission ( listing agent plus buyer agent) if I cancel the contract or just the cancellation fee? The listing agent tells me but it is not on the contract. We recommend you comply with the amount that was told to you by the listing agent as a cancellation fee for your listing.
However, we suggest you ask for a signed receipt from the brokerage firm before you pay and put the words “Listing Cancellation Fee — Paid in full” in the memo portion of your check.
Q:A:To send us a question visit www. AskGeorge. net and select the “Ask A Question” button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J. D. is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.