Does It Exist?

Lines 28 and 29 on the Arizona Association of REALTORS Residential Resale purchase contract states, “Fixtures and Personal Property: Seller agrees that all existing fixtures on the Premises, and any existing personal property specified herein, shall be included in the sale, including the following:” Lines 30-39 go on to list many items that are disputed the most. What most people don’t read is the word ‘existing’. For instance, towel rods should be left. But, if the towel rod was missing at the time the buyer looked at the property and made an offer, than it does not have to appear at closing. It didn’t exist. Now, if it was there and the seller took it with him or replaced it with a cheap alternative, then the seller has breached the contract.

The one item I see causing problems these days is the ‘garage door openers and controls’. People lose remotes or their cars are programmed to open the GDO’s without the use of a remote. They forget this detail, sell the house and then the buyer asks for the remotes. If the seller didn’t have a remote when the buyer looked at the home, then the remote doesn’t exist and the buyer needs to buy their own remote.

I’m sure you could ask four different people and get four different interpretations. The easiest solution? If you’re the buyer’s agent is to write on line 43 that the seller is to provide two (2) garage door remotes at close of escrow.

Update (January/2008):

This is from the Arizona Association of REALTORS.

Seller not required to purchase garage door openers

The Seller has used the garage for storage, and parks his car in the driveway. Although the garage door works properly, the Seller states that the garage door openers have been missing for more than a year. The Buyer is demanding that the Seller purchase new garage door openers. Does the Seller have to purchase new garage door openers?

Answer: No. Under Lines 19-27 of the Contract the Seller is only required to furnish to the Buyer any garage door openers “existing” at the time of the Contract. If the garage door openers were missing at the time of the Contract, the Seller is under no obligation to purchase new garage door openers.

Arizona REALTOR® Digest August 2004