Expert: Sue Bernstein - 4/23/2007

Question
I recently purchased a home. In the contract my agent
hand-wrote that "all window coverings" were included
in the sale.

Guess what---the drapes and hardware are missing.

The seller's agent now says the drapes were not
"window coverings" as they did not completely cover
the windows, and other coverings (blinds) were left on
those windows.

She also says the wooden rods are not window coverings
nor are they fixtures, because they could be removed
without damaging the wall.

To me this is a no-brainer.

What do you say?

Answer
Dear Gina,

I agree with you.  In California, window coverings are included in the boiler plate California Assn of Realtors Deposit Receipt.  That includes ALL window treatments unless excluded in the contract. Since I don't know what state you are in I don't know what the normal practice is but I think you are on solid ground since your contract states that all window coverings are included. It doesn't sound like the seller's agent knows what she is talking about.
I hope this helps and good luck.

Sue Bernstein
www.SueBernstein.com