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HomeIsWithU
Baby #2 on the way!
Member since 9/07 7816 total posts
Name:
Jenn
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Please tell me I'm being silly - buyers asking for things
Okay, in the grand scheme of things I know I'm just being stupid, but hear me out.
When we had the contract on our townhouse drawn up we asked the lawyer to put in there that the dining room chandelier was not included. It's not necessarily a sentimental piece, but my parents bought me that chandelier when I moved into my first place and I happen to really love it. It's come with me for both of my previous moves and I had every intention of keeping it.
Of course, buyers come back to us today saying they want the chandelier written into the contract. Not asking, just matter of fact that it needs to be included (or at least that's how their lawyer presented it). Obviously, we're not about to lose the sale of our townhouse over a chandelier, so we went back and said "fine, they can have it". But I'm pretty upset over it. It's a combination of the fact that it was a gift from my parents AND the principal of the matter. It was written in as not included, so why fight us over it. If you really want it, then why not offer to buy it from us? (it's not about money and I would have declined to sell it anyway, but if I were the buyer that would have been my approach).
Now, part of me knows I'm probably being silly, but the other part of me is annoyed because when we bought the place they took the chandeliers out, so they were never included in our sale. I don't really know what the norm is...are those fixtures generally supposed to stay in the home?
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Posted 4/23/15 11:14 AM  |
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Prudential Douglas Elliman Real Estate
Long Island's Largest Bridal Resource | Long Island Weddings |
Chatham-Chick
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Member since 5/05 10311 total posts
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Re: Please tell me I'm being silly - buyers asking for things
Can you offer to put a similar light fixture in its place?
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| Posted 4/23/15 11:20 AM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19453 total posts
Name:
L
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Re: Please tell me I'm being silly - buyers asking for things
This is why you have a sentimental fixture like a chandelier removed before listing the house and put up something ok in its place before listing. I don't know if you have much recourse since you already agreed to include it. I wish you had come here first. I would have said you would be willing to have yours removed and they could pick with a $200 credit one and your electrician would have put it up for them. I had in my old house and took with me an antique chandelier that has been in my family for over 60 years and itself is almost 100 years old, it has been restrung many times. I put a new one up before listing. Fixtures, unless excluded are included with the purchase.
Message edited 4/23/2015 11:27:09 AM.
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| Posted 4/23/15 11:22 AM |
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HomeIsWithU
Baby #2 on the way!
Member since 9/07 7816 total posts
Name:
Jenn
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Re: Please tell me I'm being silly - buyers asking for things
Posted by LSP2005
This is why you have a sentimental fixture like a chandelier removed before listing the house and put up something ok in its place before listing. I don't know if you have much recourse since you already agreed to include it. I wish you had come here first. I would have said you would be willing to have yours removed and they could pick with a $200 credit one and your electrician would have put it up for them.
Yes I'm kicking myself for not coming to ask first. It was a quick phone call and we felt kind of cornered.
Am I obligated at this point to leave THAT specific fixture, or just A fixture?
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| Posted 4/23/15 11:26 AM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19453 total posts
Name:
L
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Re: Please tell me I'm being silly - buyers asking for things
Call your attorney now. Tell hem you want it and it is not included. ASAP. Only if this just happened and you just got off the phone. Otherwise it really is theirs now.
Message edited 4/23/2015 11:31:17 AM.
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| Posted 4/23/15 11:27 AM |
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MrsM84
LIF Adult
Member since 2/13 2352 total posts
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Please tell me I'm being silly - buyers asking for things
At this point, the chandelier is theirs. As previous poster said, anything sentimental or that you don't want sold with the house should be removed prior to listing/showing the property. You could have replaced the fixture with a cheap fixture from Home Depot/Lowes and this would have been a non-issue. I could be wrong, but I believe that light fixtures and window treatments are considered "part of the home".
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| Posted 4/23/15 11:28 AM |
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LSP2005
Bunny kisses are so cute!
Member since 5/05 19453 total posts
Name:
L
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Re: Please tell me I'm being silly - buyers asking for things
It is supposed to be that one. Call your attorney tell them you will put up a new one, offer between 200-300 and see if they accept it.
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| Posted 4/23/15 11:29 AM |
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MrsM84
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Member since 2/13 2352 total posts
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Re: Please tell me I'm being silly - buyers asking for things
Posted by HomeIsWithU
Posted by LSP2005
This is why you have a sentimental fixture like a chandelier removed before listing the house and put up something ok in its place before listing. I don't know if you have much recourse since you already agreed to include it. I wish you had come here first. I would have said you would be willing to have yours removed and they could pick with a $200 credit one and your electrician would have put it up for them.
Yes I'm kicking myself for not coming to ask first. It was a quick phone call and we felt kind of cornered.
Am I obligated at this point to leave THAT specific fixture, or just A fixture?
It would have to be that exact fixture, otherwise you'd be in breech of contract since you had already agreed to include it.
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| Posted 4/23/15 11:32 AM |
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HomeIsWithU
Baby #2 on the way!
Member since 9/07 7816 total posts
Name:
Jenn
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Re: Please tell me I'm being silly - buyers asking for things
Thanks everyone. We placed a call back to our attorney and he is checking with the buyers attorney to see if they will accept a credit towards a new light fixture.
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| Posted 4/23/15 11:34 AM |
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HomeIsWithU
Baby #2 on the way!
Member since 9/07 7816 total posts
Name:
Jenn
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Re: Please tell me I'm being silly - buyers asking for things
Posted by HomeIsWithU
Thanks everyone. We placed a call back to our attorney and he is checking with the buyers attorney to see if they will accept a credit towards a new light fixture.
Whelp that was fast. They immediately declined the credit. They want the fixture that is currently there.
 Sucks, but looking back it's our own faults. We didn't think to take it down prior to listing and we didn't tell our realtor that it would stay because we assumed that would be something we discussed once we went to contract. Again, it the grand scheme of things I guess it's not a big issue, but it's disappointing. Thankfully it's not like a family heirloom or anything, but it would have been nice to be able to take it with us since it's come to every home I've owned thus far.
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| Posted 4/23/15 11:41 AM |
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Re: Please tell me I'm being silly - buyers asking for things
Was it excluded on the listing?
I agree that the simplest and best thing is to remove whatever fixture is being taken and replace it before it goes on the market.
But I have had situations where that is not feasible. For example, I had a seller client last year who wanted to take the washer/dryer, as they were brand new and some very specific high-end brand. They were shown with the house, but they had it on the listing that the W/D was an exclusion and they would either replace the washer/dryer with other units OR work out a credit with the buyer. When an offer was made on the house, I reminded the buyers agent of the situation with the washer/dryer, and it was fine (I think we worked out a credit).
Then, when contracts went out, we just informed the attorneys of the exclusion.
Best to be upfront about it - but at least if you had it excluded on the listing (if the property was listed), you have a leg to stand on here.
Since all of the above may not help you, going forward now, I'd say this: Sometimes the attorneys take a very harsh stance with each other and it becomes a battle of the wills. Do you have an agent? Does the buyer?
If so, I'd ask your agent to speak to the other agent and explain what you just said here. You are not trying to pull a fast one on the buyers, but you have sentimental attachment to the chandelier. You obviously don't want to draw a line in the a sand with them over a light fixture, but is there a way to work it out? If it first came up at contract, you can just apologize for not mentioning it sooner. Sometimes you just have to appeal to human decency and it works out (not always, but often).
Message edited 4/23/2015 11:49:39 AM.
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| Posted 4/23/15 11:48 AM |
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HomeIsWithU
Baby #2 on the way!
Member since 9/07 7816 total posts
Name:
Jenn
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Re: Please tell me I'm being silly - buyers asking for things
Posted by Century 21 Dallow - Christine Braun
Was it excluded on the listing?
I agree that the simplest and best thing is to remove whatever fixture is being taken and replace it before it goes on the market.
But I have had situations where that is not feasible. For example, I had a seller client last year who wanted to take the washer/dryer, as they were brand new and some very specific high-end brand. They were shown with the house, but they had it on the listing that the W/D was an exclusion and they would either replace the washer/dryer with other units OR work out a credit with the buyer. When an offer was made on the house, I reminded the buyers agent of the situation with the washer/dryer, and it was fine (I think we worked out a credit).
Then, when contracts went out, we just informed the attorneys of the exclusion.
Best to be upfront about it - but at least if you had it excluded on the listing (if the property was listed), you have a leg to stand on here.
Since all of the above may not help you, going forward now, I'd say this: Sometimes the attorneys take a very harsh stance with each other and it becomes a battle of the wills. Do you have an agent? Does the buyer?
If so, I'd ask your agent to speak to the other agent and explain what you just said here. You are not trying to pull a fast one on the buyers, but you have sentimental attachment to the chandelier. You obviously don't want to draw a line in the a sand with them over a light fixture, but is there a way to work it out? If it first came up at contract, you can just apologize for not mentioning it sooner. Sometimes you just have to appeal to human decency and it works out (not always, but often).
Thanks Christine. We do both have agents and the house was listed, but we did not exclude the chandelier in the listing. Again, that was my oversight as I didn't think it was something that needed to me mentioned during listing, I figured we would write it into the contract. If this is something that normally would be written into the listing, then I can see why the buyers would really be fighting it since they probably feel like we're being unfair right now.
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| Posted 4/23/15 11:53 AM |
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JDubs
different, not less
Member since 7/09 13160 total posts
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Re: Please tell me I'm being silly - buyers asking for things
is there any way you can let the buyers know that its not a money thing but a sentimental thing? Maybe they will be more willing to let you keep the chandelier if they know you have some emotional attachment to it.
ETA when we bought our house there was nothing in the listing saying certain lighting fixtures were not included. It was written into the contract. The sellers wanted to take the fixture in the kitchen and den, we really didn't care though.
Message edited 4/23/2015 11:59:32 AM.
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| Posted 4/23/15 11:58 AM |
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BriBri2u
L'amore vince sempre
Member since 5/05 9320 total posts
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Mrs. B
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Re: Please tell me I'm being silly - buyers asking for things
I never got this when it comes to selling/buying. Light fixtures to me are décor items. I think of them as items that go with the room/theme they are in.
When we sold our co-op my agent called me the morning of the walk through saying that they buyer was stating that we were suppose to leave our shelving and pictures that were on the walls  That we had in the contracts.
It wasn't in the contracts but I was blown away that someone would expect me to leave our personal décor items up - I mean we had entire wall of frames of just our children up.
Plus, we were leaving them expensive lighting fixtures. Looking back we should have asked for more $$ or replaced them with cheaper ones before we listed.
Sorry you had to go grew through this - lessoned learned like us.
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| Posted 4/23/15 12:19 PM |
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Goobster
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Member since 5/07 27557 total posts
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:)
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Re: Please tell me I'm being silly - buyers asking for things
eta- I didnt read the whole thread. If you didnt list it as an exclusion, you were wrong. However, they are being extremely nitpicky to insist it stays and not take a credit. I know you probably need the buyer but I would not want to deal with a buyer who was so unreasonable if you are simply willing to give a credit. That's just petty IMO.
I have taken my chandelier with me now on 2 moves and house sales. It was always in the listing that dining room chandelier was excluded. So there were no surprises. They can go buy and put up whatever they like. They aren't going to walk away over a chandelier. I just replaced with a basic fixture. I would not give that to them if you want it, you have what they want (the house).
Did it say in the listing the chandelier was to be excluded? Mine always listed as such.
Message edited 4/23/2015 1:37:16 PM.
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| Posted 4/23/15 1:27 PM |
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Goobster
:)
Member since 5/07 27557 total posts
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:)
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Re: Please tell me I'm being silly - buyers asking for things
Posted by MrsM84
At this point, the chandelier is theirs. As previous poster said, anything sentimental or that you don't want sold with the house should be removed prior to listing/showing the property. You could have replaced the fixture with a cheap fixture from Home Depot/Lowes and this would have been a non-issue. I could be wrong, but I believe that light fixtures and window treatments are considered "part of the home".
I disagree. It could have easily been listed as excluded from sale in the real estate listing.
Message edited 4/23/2015 1:35:22 PM.
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| Posted 4/23/15 1:30 PM |
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Sparrow
LIF Adult
Member since 11/10 6826 total posts
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Re: Please tell me I'm being silly - buyers asking for things
I don't know what our contract said but our seller took the chandelier (which was fine because it wasn't my style at all anyway) and left us a $5 piece of garbage in it's place. Your buyers are being absurd and I'd be seriously annoyed. It's a stupid light and it means something to you! I'm so ticked for you. 
eta- I wouldn't let them have it if you can help it.
Message edited 4/23/2015 1:47:04 PM.
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| Posted 4/23/15 1:45 PM |
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jmp1105
LIF Adolescent
Member since 12/11 553 total posts
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Re: Please tell me I'm being silly - buyers asking for things
perhaps your attorney didn't explain the reason why you want to keep it. maybe now they think that you are trying to take something valuable out of the house that would normally be included.
I would have your agent express to them that its not the value, but for sentimental reasons that you want to keep it and that not listing it as excluded on the listing was merely an oversight.
if they still give you a hard time then they're assh*les
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| Posted 4/23/15 1:55 PM |
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Jacquelina
LIF Adolescent
Member since 10/11 767 total posts
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Jacqueline
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Re: Please tell me I'm being silly - buyers asking for things
I'm so confused, I thought you said it was listed in the contract that the fixture was not included in the sale?
If its listed in writing, then why is there any discussion about it? I wouldnt just give it to them...you said its not included and thats it. as you said, you are completely willing to give them something else. Thats more than fair.
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| Posted 4/23/15 2:00 PM |
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Jacquelina
LIF Adolescent
Member since 10/11 767 total posts
Name:
Jacqueline
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Re: Please tell me I'm being silly - buyers asking for things
I also think its weird that they even care....when we bought our house the sellers took the dining fixture and asked if we wanted something instead. I said no...it wasnt important. I dont really get why people are such a-holes...so crazy to me.
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| Posted 4/23/15 2:02 PM |
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HomeIsWithU
Baby #2 on the way!
Member since 9/07 7816 total posts
Name:
Jenn
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Re: Please tell me I'm being silly - buyers asking for things
Posted by Jacquelina
I'm so confused, I thought you said it was listed in the contract that the fixture was not included in the sale?
If its listed in writing, then why is there any discussion about it? I wouldnt just give it to them...you said its not included and thats it. as you said, you are completely willing to give them something else. Thats more than fair.
Yes it was listed in the contract as not included. In the original listing of the house on the MLS it wasn't mentioned. They came back to us at signing to say that they wanted to contract changed to include the chandelier.
We SHOULD have just gone back and said no, but DH is very anxious to get the contracts signed and didn't want to have this be the cause of an issue, so he told them they could have it.
The more I go over it in my head the more upset I am that we didn't just flat out tell them no.
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| Posted 4/23/15 2:23 PM |
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Goobster
:)
Member since 5/07 27557 total posts
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:)
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Re: Please tell me I'm being silly - buyers asking for things
Posted by HomeIsWithU
Posted by Jacquelina
I'm so confused, I thought you said it was listed in the contract that the fixture was not included in the sale?
If its listed in writing, then why is there any discussion about it? I wouldnt just give it to them...you said its not included and thats it. as you said, you are completely willing to give them something else. Thats more than fair.
Yes it was listed in the contract as not included. In the original listing of the house on the MLS it wasn't mentioned. They came back to us at signing to say that they wanted to contract changed to include the chandelier.
We SHOULD have just gone back and said no, but DH is very anxious to get the contracts signed and didn't want to have this be the cause of an issue, so he told them they could have it.
The more I go over it in my head the more upset I am that we didn't just flat out tell them no.
Are the contracts signed by both parties yet?
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| Posted 4/23/15 2:28 PM |
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MsSissy
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Re: Please tell me I'm being silly - buyers asking for things
Posted by HomeIsWithU
Posted by HomeIsWithU
Thanks everyone. We placed a call back to our attorney and he is checking with the buyers attorney to see if they will accept a credit towards a new light fixture.
Whelp that was fast. They immediately declined the credit. They want the fixture that is currently there.
Sucks, but looking back it's our own faults. We didn't think to take it down prior to listing and we didn't tell our realtor that it would stay because we assumed that would be something we discussed once we went to contract. Again, it the grand scheme of things I guess it's not a big issue, but it's disappointing. Thankfully it's not like a family heirloom or anything, but it would have been nice to be able to take it with us since it's come to every home I've owned thus far.
Do they know it was a gift from your mother? If so, they're being asses about it.
Sorry it didn't work out
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| Posted 4/23/15 2:29 PM |
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Goobster
:)
Member since 5/07 27557 total posts
Name:
:)
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Re: Please tell me I'm being silly - buyers asking for things
If not, I would have your attorney explain to them that this is just a sentimental aspect and was an oversight that it was not listed as such on MLS. Then if they continue to be assholes…well, did you have any other offers since these people are clearly unreasonable?
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| Posted 4/23/15 2:29 PM |
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HomeIsWithU
Baby #2 on the way!
Member since 9/07 7816 total posts
Name:
Jenn
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Re: Please tell me I'm being silly - buyers asking for things
Posted by Goobster
If not, I would have your attorney explain to them that this is just a sentimental aspect and was an oversight that it was not listed as such on MLS. Then if they continue to be assholes…well, did you have any other offers since these people are clearly unreasonable?
We haven't signed them yet. They haven't made their way back to us.
Unfortunately they have been the only reasonable offer. We had 2 other offers but they were so low that we didn't entertain them (there were also issue with the type of loan and concessions on both other offers).
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| Posted 4/23/15 2:35 PM |
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