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Inclusions and Exclusions

Inclusions & Exclusions can become one of the sticky and controversial points in the negotiating process during the course of a sale. If you are wondering what I am talking about, those two items are part of Colorado Exclusive Right-to-Sell Listing Contract and those two items are also on the Colorado Contract to Buy and Sell Real Estate Purchase Contract. So whether an agent is working with the buyer or seller an agent needs to have an in depth conversation on these items with their buyer or seller.  Inclusions & Exclusions can become one of the sticky and controversial points in the negotiating process during the course of a sale. And worse yet, after the property is sold and the seller is gone & the buyer is missing items they thought they would receive.

Many sellers are willing to leave personal property items behind in a second home market. When I have my listing agent hat on, I invite the seller to walk through the property with me and discuss what will be included with the property & what they will be excluding from the property. It is a good idea to take notes and put these items in writing that the seller could sign. This is a great reminder for them as they are packing up to leave when the property has sold. I also encourage sellers to remove items that are extremely important to them before we start having showings on the property, but only if removing those items does not affect how the home will show and if they are not living there full time.

It is a good idea as listing agent to have any type of inclusion or exclusion list in the property so as other agents are touring the property with their buyers it can easily be looked at so the buyer can start to set their expectations. When I am working with a buyer I try to set their expectations as to what may be included or excluded from the sale. This can be done by referencing remarks in the MLS, contacting the listing agent for information and writing it into the purchase contract as comprehensivly as you can under the section that describes the inclusions and exclusions. As a selling agent you can also ask the sellers to provide a list so all parties can sign.

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