With new times and new technology, come new challenges. The trick is knowing how to address new issues as they come up and being ahead of the game to prevent problems when selling your Miami Beach home. The difference between a good Realtor and a great Realtor is how they handle change - are they proactive or reactive? Proactive Realtors constantly make alterations to their practice and are able to foresee problems before they come, therefore, avoiding potential future complications. The alternative reactive approach is about making changes and adjustments after the complication has occurred, usually resulting in some animosity from the parties involved.
A great example of proactive real estate practices was pointed out by a ex-Tucson REALTOR, Kelley Koehler.
Think about it....how many of us have flat screen TV's installed in our homes? Flat panel TVs are almost the norm in Miami Beach Real Estate. Are these then regarded as "fixtures" that remain with the home when you sell, or personal property that you can take with you?
Kelley points out that
The general rule of thumb is that fixtures stay with the house when it sells and personal property is removed by the owner.
Another general rule of thumb – if it would cause damage to remove it, then it’s a fixture.
So, in my humble opinion, the TV itself is clearly personal property. You can remove that from the wall mount system without causing any damage. But what about the mount itself? Removing that from the wall usually leaves at least 4 large holes in the wall. Which I think is clearly damage, which would make that wall mount a fixture.
The point here is that you can't leave this issue up in the air and hope that the results work out in your favor. Therefore, I totally agree with Kelly that "the best bet is to always specify". If you are buying a Miami Beach home or condo and you happen to love the seller's flat screen TV, think about including the item in your purchase offer. Everything is negotiable after all. And, if you are a seller and want to take your lovely flat panel with you, make sure you exclude it from the sale IN WRITING.
Better to be safe than sorry.
*originally posted 3/24/2010*