The Gold Mill

Mr*** asked one of our agents to write an offer on a property That offer closed and Mr [redacted] now owns that property Mr***’s complaint is about two things that happened during the transaction: (1) that FHA required the parties to clear up peeling paint on the house prior to closing; and, (2) that a washer and dryer (not included in the offer) were removed from the propertyFHA-Peeling Paint: As to the peeling paint, Mr [redacted] submitted the offer contingent upon “conventional” financing, but at some point switched with his lender to FHA financing FHA imposes some additional underwriting requirements, including dealing with peeling paint on older properties prior to closing, because it can be a safety hazard – This was apparently handled by Mr***, at his choice, and he was compensated by his lender for closing costs, as indicated This is an FHA and lender issue Our agent has no control over thisWasher & Dryer Washers and dryers, like most appliances in a house, are technically personal property As such, they are actually not included in a real estate sale unless specified as included While most houses are typically offered with all standard appliances, that is not always so, and was not so in this caseThere was indeed an old washer and an old dryer being kept in the basement of this property (along with other old appliances and a great deal of other items), but they were not hookand were not offered for sale-- The MLS sheet for this property only lists refrigerator and range as included Consistent therewith, Mr***’s offer did not include the washer and dryer The offer form has space for the buyer to identify included appliances Mr***’s specified only the refrigerator and range as includedAs further context, it may be noted that the offer terms not only entitled, but obligated, the seller to remove all of his own personal property not being sold, unless otherwise agreed– While it is true in this case there was some back and forth after the offer was accepted and as closing was approaching about whether the seller might leave the washer and dryer or other stuff, those discussions became entwined with Mr***’s attempt to renegotiate additional terms and so came to naught– The seller ultimately chose to simply remove all of his personal property, as was his prerogative, including the old washer and dryer In sum, a washer and dryer are not automatically included in a real estate purchase The washer and dryer were not offered for sale here Mr***’s offer did not include them as part of the saleAgain, this was not within our agent’s control The seller’s actions were rightful and were his own Mr [redacted] had no actual or legitimate expectation of getting the old washer and dryer here-- Nonetheless, to accommodate Mr [redacted] when he complained, our agent generously offered Mr [redacted] $(although not required to do so), and Mr [redacted] accepted that I trust this response covers the issues raised and confirms no fault by our agent We respectfully request that the complaint be closed

Mr. [redacted] asked one of our agents to write an offer on a property.  That offer closed and Mr. [redacted] now owns that property.  Mr. [redacted]’s complaint is about two things that happened during the transaction: (1) that FHA required the parties to clear up peeling paint on the house...

prior to closing; and, (2) that a washer and dryer (not included in the offer) were removed from the property. FHA-Peeling Paint: As to the peeling paint, Mr. [redacted] submitted the offer contingent upon “conventional” financing, but at some point switched with his lender to FHA financing.  FHA imposes some additional underwriting requirements, including dealing with peeling paint on older properties prior to closing, because it can be a safety hazard.  – This was apparently handled by Mr. [redacted], at his choice, and he was compensated by his lender for closing costs, as indicated.   This is an FHA and lender issue.  Our agent has no control over this. Washer & Dryer Washers and dryers, like most appliances in a house, are technically personal property.  As such, they are actually not included in a real estate sale unless specified as included.   While most houses are typically offered with all standard appliances, that is not always so, and was not so in this case. There was indeed an old washer and an old dryer being kept in the basement of this property (along with other old appliances and a great deal of other items), but they were not hooked-up and were not offered for sale. -- The MLS sheet for this property only lists refrigerator and range as included.  Consistent therewith, Mr. [redacted]’s offer did not include the washer and dryer.  The offer form has space for the buyer to identify included appliances.  Mr. [redacted]’s specified only the refrigerator and range as included. As further context, it may be noted that the offer terms not only entitled, but obligated, the seller to remove all of his own personal property not being sold, unless otherwise agreed. – While it is true in this case there was some back and forth after the offer was accepted and as closing was approaching about whether the seller might leave the washer and dryer or other stuff, those discussions became entwined with Mr. [redacted]’s attempt to renegotiate additional terms and so came to naught. –  The seller ultimately chose to simply remove all of his personal property, as was his prerogative, including the old washer and dryer.   In sum, a washer and dryer are not automatically included in a real estate purchase.  The washer and dryer were not offered for sale here.  Mr. [redacted]’s offer did not include them as part of the sale. Again, this was not within our agent’s control.  The seller’s actions were rightful and were his own.   Mr. [redacted] had no actual or legitimate expectation of getting the old washer and dryer here. --  Nonetheless, to accommodate Mr. [redacted] when he complained, our agent generously offered Mr. [redacted] $100 (although not required to do so), and Mr. [redacted] accepted that.  I trust this response covers the issues raised and confirms no fault by our agent.  We respectfully request that the complaint be closed.