Vail Daily column: Do contracts include appliances? | VailDaily.com
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Vail Daily column: Do contracts include appliances?

Joan Harned

​​Dear Joan:

I think my spouse and I have purchased and sold 10 homes in the past 30 years. I know that does not make me an expert, but I am very concerned with the latest contract to purchase we had written here in Colorado. Our Realtor said that with the new contracts, they no longer have to write down all the appliances, curtains and other items we always have included in our contracts. He pointed out that the new contracts already include them and it would be redundant to write it in. I want to insist that he write in the items that I am concerned with and my spouse says I am being ridiculous. I would very much like your opinion on the matter. Thank you.

Dear Concerned Buyer:



Your Realtor is not wrong, but he may accidentally get you in a legal situation if there is an argument after closing about something you were sure they were leaving and they took it because you did not list it in the inclusions in the contract to buy and sell.

There are two new paragraphs that address this subject in the contract : 2.5.1 inclusions — attached and 2.5.2. inclusions — not attached.” 2.5.1 says, “If attached to the property on the date of this contract the following items are included unless excluded under exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside telephone, network and coaxial wiring and connecting jacks, plants, mirrors, floor coverings, intercom system, built-in kitchen appliances.”



I believe it is best to run the risk of looking silly, listing everything my buyer is planning on having left in the home when the sellers move out. There is nothing wrong with being thorough when it comes to clarifying every detail of the purchase.

The second paragraph, “2.5.2 inclusions — not attached,” says, “If on the property, whether attached or not, on the date of this contract, the following items are included unless excluded under exclusions: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms smoke detectors and all keys.” Now if you can think of what you need to clarify, write it down. It has helped in many situations. Best of luck.

Joan Harned is an owner and broker for Keller Williams Mountain Properties and heads up Team Black Bear, her own real estate team. Harned has been selling real estate in Eagle County for 27 years, is a past chairman of the Vail Board of Realtors, past Realtor of the Year, past director on the Great Outdoors Colorado Board and a member of the Luxury and Land Institutes. Contact Harned with your real estate questions at Joan@TeamBlackBear.com, 970-337-7777 or http://www.SkiAndTeeHomes.com.


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