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	<title>Comments on: Flat Screen TV &#8211; Is it &#8220;attached&#8221;?</title>
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	<link>http://raincityguide.com/2008/06/12/flat-screen-tv-is-it-attached/</link>
	<description>Seattle&#039;s Leading Resource for Real Estate Information</description>
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		<title>By: RCG&#8217;s Ardell and Rhonda Win Three of the Magnificent Seven Awards for 2008 &#124; Rain City Guide</title>
		<link>http://raincityguide.com/2008/06/12/flat-screen-tv-is-it-attached/#comment-333713</link>
		<dc:creator>RCG&#8217;s Ardell and Rhonda Win Three of the Magnificent Seven Awards for 2008 &#124; Rain City Guide</dc:creator>
		<pubDate>Thu, 05 Feb 2009 23:41:23 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=1928#comment-333713</guid>
		<description>[...] Flat Screen TV: Is it Attached? by Ardell DellaLoggia &#8220;At what point does a wall mounted TV that is hard wired into the wall without outlets become “an installed electrical fixture” per the terms of the contract and included in the sale of the house?  I don’t think anyone expects to get someone else’s TV…or do they?&#8221;  [...]</description>
		<content:encoded><![CDATA[<p>[...] Flat Screen TV: Is it Attached? by Ardell DellaLoggia &#8220;At what point does a wall mounted TV that is hard wired into the wall without outlets become “an installed electrical fixture” per the terms of the contract and included in the sale of the house?  I don’t think anyone expects to get someone else’s TV…or do they?&#8221;  [...]</p>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2008/06/12/flat-screen-tv-is-it-attached/#comment-328751</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Sun, 16 Nov 2008 17:55:19 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=1928#comment-328751</guid>
		<description>That is true for washers, dryers and refrigerators as well.  &quot;as-is, not guaranteed to be in working order at time of possession&quot;.  Not so for heaters, stoves, and items considered as part of the real estate transfer.  Those must be in working condition at time of possession.  The worst I&#039;ve had, and it was many years ago, was the toilet not working in a one toilet house.  We had that fixed immediately at seller&#039;s expense.</description>
		<content:encoded><![CDATA[<p>That is true for washers, dryers and refrigerators as well.  &#8220;as-is, not guaranteed to be in working order at time of possession&#8221;.  Not so for heaters, stoves, and items considered as part of the real estate transfer.  Those must be in working condition at time of possession.  The worst I&#8217;ve had, and it was many years ago, was the toilet not working in a one toilet house.  We had that fixed immediately at seller&#8217;s expense.</p>
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		<title>By: tahitijack</title>
		<link>http://raincityguide.com/2008/06/12/flat-screen-tv-is-it-attached/#comment-328741</link>
		<dc:creator>tahitijack</dc:creator>
		<pubDate>Sun, 16 Nov 2008 14:54:20 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=1928#comment-328741</guid>
		<description>One last consideration.......Buyer wants the flat screen tv&#039;s, Seller agrees, a few days after closing one goes out of service.  Buyer (we all know the type) claims Seller sold a defective appliance and demands Seller replace the flat screen....yikes.  These items should be disclosed as &quot;not included in the sale&quot; if not they should be included or excluded at the first offer or counter offer.  Then there is no question, later with both sides angry.  And if included they are sold in &quot;as is&quot; condition without rep or warranty from Seller.</description>
		<content:encoded><![CDATA[<p>One last consideration&#8230;&#8230;.Buyer wants the flat screen tv&#8217;s, Seller agrees, a few days after closing one goes out of service.  Buyer (we all know the type) claims Seller sold a defective appliance and demands Seller replace the flat screen&#8230;.yikes.  These items should be disclosed as &#8220;not included in the sale&#8221; if not they should be included or excluded at the first offer or counter offer.  Then there is no question, later with both sides angry.  And if included they are sold in &#8220;as is&#8221; condition without rep or warranty from Seller.</p>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2008/06/12/flat-screen-tv-is-it-attached/#comment-323812</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Mon, 25 Aug 2008 16:33:18 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=1928#comment-323812</guid>
		<description>P.S. Guest,

My client did not want her TV.  He wanted to be able to put his where hers was, without having to call an electrician to do so.</description>
		<content:encoded><![CDATA[<p>P.S. Guest,</p>
<p>My client did not want her TV.  He wanted to be able to put his where hers was, without having to call an electrician to do so.</p>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2008/06/12/flat-screen-tv-is-it-attached/#comment-323811</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Mon, 25 Aug 2008 16:30:11 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=1928#comment-323811</guid>
		<description>Guest,

I agree with you on curtains, but the Purchase and Sale contracts in the Seattle Area do not.  Curtains go with the house here.  I thought that was quite odd, but unless you write an exclusion in the contract here (the same as you would for a chandelier) the boilerplate transfers curtains with the house.  In most other areas the rods are attached and a curtain that slips off a rod is not included.

I have never seen a stove not be automatically included...anywhere.  I have never seen a seller leave with his stove/oven in the moving truck.

Bookshelves, if built into the wall, are clearly part of the house. 

Optional appliances are usually washers, dryers and refrigerators, unless the refrigerator is built in, not stove or dishwasher.

But the real test of &quot;is it attached&quot; is INTENT at time of attachment.  Generally, if you have to go get tools to get it off, that action causes you to pause.  If you can lift it up off of the nail or picture hanger, then the nail is attached and the picture is not.  The arguments I&#039;ve seen regarding this are not pictures, but mirrors.  &quot;Seller took the mirror over the bathroom sink&quot;.

What if you bought a house boasting &quot;a theater room&quot;.  Might you expect it to still be &quot;a theater&quot; with the projector and screen in place?  More and more, people are creating &quot;theater rooms&quot; on the basement level and promoting that as a selling feature of the home. 

If &quot;theater room&quot; is noted on the flyer as a selling feature of the home, I would think the buyer would be right to think the room would be &quot;a theater&quot; when they took possession.  But then is a bedroom not a bedroom without a bed :)

Every buyer and seller will have differences of opinion on various items.  The contract pins down the specifics.  Ours says &quot;curtains, drapes and all other window treatments&quot;.  It also says &quot;installed television antennas (Direct TV?) &quot;installed electrical fixtures&quot; is the vague one.  If you can unplug it and walk out with it (like a refrigerator) it is not an installed electrical fixture.  If you have to call a serviceman to de-install it, then it is installed.  If you have to turn the power off in the house to &quot;un-plug&quot; it, then it&#039;s likely attached.

In the case of the flat screen TV noted in this post, a serviceman was called to &quot;de-install&quot; it and it was wired throught the walls and not simply plugged in. One might not have to remove it before putting the house on market, but they should &quot;de-install&quot; it and create a method of use where it is simply &quot;plugged in&quot; by creating the appropriate plug-in outlets.

Don&#039;t tell me you&#039;ve ever bought a house where the seller took the stove with him.  I&#039;ve never, ever seen that.  Though I&#039;m told that in Europe, people leave with their kitchen cabinets.</description>
		<content:encoded><![CDATA[<p>Guest,</p>
<p>I agree with you on curtains, but the Purchase and Sale contracts in the Seattle Area do not.  Curtains go with the house here.  I thought that was quite odd, but unless you write an exclusion in the contract here (the same as you would for a chandelier) the boilerplate transfers curtains with the house.  In most other areas the rods are attached and a curtain that slips off a rod is not included.</p>
<p>I have never seen a stove not be automatically included&#8230;anywhere.  I have never seen a seller leave with his stove/oven in the moving truck.</p>
<p>Bookshelves, if built into the wall, are clearly part of the house. </p>
<p>Optional appliances are usually washers, dryers and refrigerators, unless the refrigerator is built in, not stove or dishwasher.</p>
<p>But the real test of &#8220;is it attached&#8221; is INTENT at time of attachment.  Generally, if you have to go get tools to get it off, that action causes you to pause.  If you can lift it up off of the nail or picture hanger, then the nail is attached and the picture is not.  The arguments I&#8217;ve seen regarding this are not pictures, but mirrors.  &#8220;Seller took the mirror over the bathroom sink&#8221;.</p>
<p>What if you bought a house boasting &#8220;a theater room&#8221;.  Might you expect it to still be &#8220;a theater&#8221; with the projector and screen in place?  More and more, people are creating &#8220;theater rooms&#8221; on the basement level and promoting that as a selling feature of the home. </p>
<p>If &#8220;theater room&#8221; is noted on the flyer as a selling feature of the home, I would think the buyer would be right to think the room would be &#8220;a theater&#8221; when they took possession.  But then is a bedroom not a bedroom without a bed <img src='http://raincityguide.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
<p>Every buyer and seller will have differences of opinion on various items.  The contract pins down the specifics.  Ours says &#8220;curtains, drapes and all other window treatments&#8221;.  It also says &#8220;installed television antennas (Direct TV?) &#8220;installed electrical fixtures&#8221; is the vague one.  If you can unplug it and walk out with it (like a refrigerator) it is not an installed electrical fixture.  If you have to call a serviceman to de-install it, then it is installed.  If you have to turn the power off in the house to &#8220;un-plug&#8221; it, then it&#8217;s likely attached.</p>
<p>In the case of the flat screen TV noted in this post, a serviceman was called to &#8220;de-install&#8221; it and it was wired throught the walls and not simply plugged in. One might not have to remove it before putting the house on market, but they should &#8220;de-install&#8221; it and create a method of use where it is simply &#8220;plugged in&#8221; by creating the appropriate plug-in outlets.</p>
<p>Don&#8217;t tell me you&#8217;ve ever bought a house where the seller took the stove with him.  I&#8217;ve never, ever seen that.  Though I&#8217;m told that in Europe, people leave with their kitchen cabinets.</p>
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		<title>By: Guest</title>
		<link>http://raincityguide.com/2008/06/12/flat-screen-tv-is-it-attached/#comment-323800</link>
		<dc:creator>Guest</dc:creator>
		<pubDate>Mon, 25 Aug 2008 10:14:19 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=1928#comment-323800</guid>
		<description>Coming from a buyer, I think this entire topic is ridiculous, and I always have.  Just because something is attached to a wall, doesn&#039;t mean it is part of house.   If so, why doesn&#039;t the buyer get all of the wall mounted pictures of my family?  I bought a house and the seller asked if I wanted the curtains and a bookcase that was attached to the wall for earthquake safety.   I said, &quot;No, those are your items.&quot;, even though I had to go out and buy almost the same curtains, as they matched the carpet.   A house is the structure and any appliances that are required for it to be used in its intended function, (keeping you sheltered, warm and with hot water) and hot water heater, furnace, and roof should stay.   Negotiate fridge, stove, washer, dryer if they are fairly new; therefore, bought by the seller.  Built ins like cabinets and closets are now part of the wall, a required structure, so they would stay. Something like a wall mounted TV and bookshelf attached to the wall are part of the owners possessions, (maybe the rule is that if the item can possibly not be attached to be used for its intended function, meaning TV on shelf and bookshelf that is not attached for earthquake purposes are not part of the house).  It is silly to have to remove them to show a house.   A TV is not required for a house to be used in its intended function; t is a minor repair to fix holes left by a mount, or don&#039;t do it if you can&#039;t afford it.  Put a picture over it if you want.  How anyone can think they would get someone&#039;s TV baffles me - and it is just an indication of selfish tendencies if they push that issue.  You are buying a house - get your own curtains, TV and bookshelf that match your decor.  Don&#039;t use these concepts to swindle someone out of $1000 of their possessions.  If the buyer can&#039;t afford to fully furnish their own house, don&#039;t buy curtains, bookshelves, TV, washer/dryer, until you can.  Maybe if you don&#039;t have enough equity to buy cheap thrift shop curtains, you shouldn&#039;t consider buying a house and leaving yourself with such small margin - translation:  situation ripe for mortgage default.  21. Guests remarks are typical - even admitting that they were made for his/her benefit.  The ha-ha at the end is a sure sign of maturity.  I mean, I hear lots of intelligent people say ha-ha, so we should definitely take that as gospel.  Oh, wait, no that was the Simpsons, not a talk show host on CNN.  My comments are made from a buyer&#039;s perspective and for the most part benefit the seller. I did not keep anything that were obviously theirs.  If the fridge, stove/oven , washer/dryer were new, they would have been theirs unless not wanted or negotiated.</description>
		<content:encoded><![CDATA[<p>Coming from a buyer, I think this entire topic is ridiculous, and I always have.  Just because something is attached to a wall, doesn&#8217;t mean it is part of house.   If so, why doesn&#8217;t the buyer get all of the wall mounted pictures of my family?  I bought a house and the seller asked if I wanted the curtains and a bookcase that was attached to the wall for earthquake safety.   I said, &#8220;No, those are your items.&#8221;, even though I had to go out and buy almost the same curtains, as they matched the carpet.   A house is the structure and any appliances that are required for it to be used in its intended function, (keeping you sheltered, warm and with hot water) and hot water heater, furnace, and roof should stay.   Negotiate fridge, stove, washer, dryer if they are fairly new; therefore, bought by the seller.  Built ins like cabinets and closets are now part of the wall, a required structure, so they would stay. Something like a wall mounted TV and bookshelf attached to the wall are part of the owners possessions, (maybe the rule is that if the item can possibly not be attached to be used for its intended function, meaning TV on shelf and bookshelf that is not attached for earthquake purposes are not part of the house).  It is silly to have to remove them to show a house.   A TV is not required for a house to be used in its intended function; t is a minor repair to fix holes left by a mount, or don&#8217;t do it if you can&#8217;t afford it.  Put a picture over it if you want.  How anyone can think they would get someone&#8217;s TV baffles me &#8211; and it is just an indication of selfish tendencies if they push that issue.  You are buying a house &#8211; get your own curtains, TV and bookshelf that match your decor.  Don&#8217;t use these concepts to swindle someone out of $1000 of their possessions.  If the buyer can&#8217;t afford to fully furnish their own house, don&#8217;t buy curtains, bookshelves, TV, washer/dryer, until you can.  Maybe if you don&#8217;t have enough equity to buy cheap thrift shop curtains, you shouldn&#8217;t consider buying a house and leaving yourself with such small margin &#8211; translation:  situation ripe for mortgage default.  21. Guests remarks are typical &#8211; even admitting that they were made for his/her benefit.  The ha-ha at the end is a sure sign of maturity.  I mean, I hear lots of intelligent people say ha-ha, so we should definitely take that as gospel.  Oh, wait, no that was the Simpsons, not a talk show host on CNN.  My comments are made from a buyer&#8217;s perspective and for the most part benefit the seller. I did not keep anything that were obviously theirs.  If the fridge, stove/oven , washer/dryer were new, they would have been theirs unless not wanted or negotiated.</p>
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		<title>By: Sandra Steele</title>
		<link>http://raincityguide.com/2008/06/12/flat-screen-tv-is-it-attached/#comment-319895</link>
		<dc:creator>Sandra Steele</dc:creator>
		<pubDate>Wed, 18 Jun 2008 20:14:50 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=1928#comment-319895</guid>
		<description>Like earlier stated, timely post for me as well.  We are listing a home with a flat screen in just about every room in the house (even the bathroom).  We will definitely have a conversation with the seller prior to listing the home.</description>
		<content:encoded><![CDATA[<p>Like earlier stated, timely post for me as well.  We are listing a home with a flat screen in just about every room in the house (even the bathroom).  We will definitely have a conversation with the seller prior to listing the home.</p>
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		<title>By: guest</title>
		<link>http://raincityguide.com/2008/06/12/flat-screen-tv-is-it-attached/#comment-319676</link>
		<dc:creator>guest</dc:creator>
		<pubDate>Sun, 15 Jun 2008 04:40:31 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=1928#comment-319676</guid>
		<description>i just really think it&#039;s rediculous for people to have to snivel over such things when a half million dollar house is involved.  i like the idea of the list at opens so the buyer knows up front what they&#039;re getting, as a buyer i would not be offended at all at something like that and would welcome the clarity, i also believe that WSYWIG --the seller should remove items they want before listing.  i ALSO believe that the buyer should be able to get most things like a mounted tv, curtains, all appliances (if they want them), the works.  it&#039;s the buyer who&#039;s forking out the money, the buyer should sacrifice and just buy new stuff for their new house so they don&#039;t lose the sale.  this is ofcourse coming from a buyers market perspective from a &quot;buyer&quot; person who has a wonderful 1914 home which they will NEVER sell ha ha</description>
		<content:encoded><![CDATA[<p>i just really think it&#8217;s rediculous for people to have to snivel over such things when a half million dollar house is involved.  i like the idea of the list at opens so the buyer knows up front what they&#8217;re getting, as a buyer i would not be offended at all at something like that and would welcome the clarity, i also believe that WSYWIG &#8211;the seller should remove items they want before listing.  i ALSO believe that the buyer should be able to get most things like a mounted tv, curtains, all appliances (if they want them), the works.  it&#8217;s the buyer who&#8217;s forking out the money, the buyer should sacrifice and just buy new stuff for their new house so they don&#8217;t lose the sale.  this is ofcourse coming from a buyers market perspective from a &#8220;buyer&#8221; person who has a wonderful 1914 home which they will NEVER sell ha ha</p>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2008/06/12/flat-screen-tv-is-it-attached/#comment-319670</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Sun, 15 Jun 2008 02:24:42 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=1928#comment-319670</guid>
		<description>Colin,

It&#039;s great to put your own stamp on a place.  Reality is that many people buying condos, especially cheap ones, can barely afford the cash they need to close and move in.  They can&#039;t afford super efficient and quiet appliances before they move in.

So if you don&#039;t want them, let the seller know that when you make the offer.  You might get the place cheaper with no appliances depending on whether or not the seller can use them where they are going.

Agents almost always tell the seller of a condo that they have to leave the appliances, especially if it is at a first time buyer price.</description>
		<content:encoded><![CDATA[<p>Colin,</p>
<p>It&#8217;s great to put your own stamp on a place.  Reality is that many people buying condos, especially cheap ones, can barely afford the cash they need to close and move in.  They can&#8217;t afford super efficient and quiet appliances before they move in.</p>
<p>So if you don&#8217;t want them, let the seller know that when you make the offer.  You might get the place cheaper with no appliances depending on whether or not the seller can use them where they are going.</p>
<p>Agents almost always tell the seller of a condo that they have to leave the appliances, especially if it is at a first time buyer price.</p>
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		<title>By: ARDELL</title>
		<link>http://raincityguide.com/2008/06/12/flat-screen-tv-is-it-attached/#comment-319669</link>
		<dc:creator>ARDELL</dc:creator>
		<pubDate>Sun, 15 Jun 2008 02:17:09 +0000</pubDate>
		<guid isPermaLink="false">http://raincityguide.com/?p=1928#comment-319669</guid>
		<description>Rich,

What happened is that the wall did not have outlets originally.  The house was builit in 1986.  So when the current owner had the flat screen TV installed, the installer didn&#039;t bother with a plate for the cable.  Just hooked it right to the TV.  

The original cable was on a plate in the corner of the room for a stand up TV over by the fireplace and not for a flat screeen on a wall.  So if the buyer has no flat scree TV, it would be appropriate to remove all of it and put the wall back to the way it was when the house was built.

The owner simply called the same guy back to come and de-install the flat screen on the wall leaving the cable back in the corner by the fireplace the way it was before they bought the flat screen.

An important thing to remember is that most people do what they do with really good reason and no intent to harm.  That they didn&#039;t do what the buyer wanted, is no reason to be &quot;pissed&quot;.  People are just doing the best they can with these details.

Leaving a home you have lived in for 16 years in 3 weeks time is no easy feat!  

People should not be quick to get upset with sellers.  They really are doing the best they can most times.  Buyers who only think of themselves and don&#039;t put themselves in the other person&#039;s shoes can get unreasonable.

I once had a buyer of my own home who wanted to come back in my house every time the temperature when up 2 degrees as to weather to check the air temp in the home from the air conditioner.  I had theree kids.  I had to pack.  Finally I said enough is enough already.  Go obsess about something else please and leave me alone.

He did this because I said I never used the air conditioner.  I just don&#039;t use them much.  With three kids runing in and out of the yard, it&#039;s easier to not run the air conditioner than to keep telling them to close the door.  Plus I liked to hear what the kids were doing out there.

I find that buyers are way to suspicious of a seller&#039;s motivation for every little thing.  Particularly first time buyers.  It ain&#039;t gonna be perfect.  No house is.  That doesn&#039;t mean the seller is concealing something.  They just don&#039;t feel the same way about things needing to be so perfect.  Nor does the buyer after they have lived there for a few years.

I went off topic there...</description>
		<content:encoded><![CDATA[<p>Rich,</p>
<p>What happened is that the wall did not have outlets originally.  The house was builit in 1986.  So when the current owner had the flat screen TV installed, the installer didn&#8217;t bother with a plate for the cable.  Just hooked it right to the TV.  </p>
<p>The original cable was on a plate in the corner of the room for a stand up TV over by the fireplace and not for a flat screeen on a wall.  So if the buyer has no flat scree TV, it would be appropriate to remove all of it and put the wall back to the way it was when the house was built.</p>
<p>The owner simply called the same guy back to come and de-install the flat screen on the wall leaving the cable back in the corner by the fireplace the way it was before they bought the flat screen.</p>
<p>An important thing to remember is that most people do what they do with really good reason and no intent to harm.  That they didn&#8217;t do what the buyer wanted, is no reason to be &#8220;pissed&#8221;.  People are just doing the best they can with these details.</p>
<p>Leaving a home you have lived in for 16 years in 3 weeks time is no easy feat!  </p>
<p>People should not be quick to get upset with sellers.  They really are doing the best they can most times.  Buyers who only think of themselves and don&#8217;t put themselves in the other person&#8217;s shoes can get unreasonable.</p>
<p>I once had a buyer of my own home who wanted to come back in my house every time the temperature when up 2 degrees as to weather to check the air temp in the home from the air conditioner.  I had theree kids.  I had to pack.  Finally I said enough is enough already.  Go obsess about something else please and leave me alone.</p>
<p>He did this because I said I never used the air conditioner.  I just don&#8217;t use them much.  With three kids runing in and out of the yard, it&#8217;s easier to not run the air conditioner than to keep telling them to close the door.  Plus I liked to hear what the kids were doing out there.</p>
<p>I find that buyers are way to suspicious of a seller&#8217;s motivation for every little thing.  Particularly first time buyers.  It ain&#8217;t gonna be perfect.  No house is.  That doesn&#8217;t mean the seller is concealing something.  They just don&#8217;t feel the same way about things needing to be so perfect.  Nor does the buyer after they have lived there for a few years.</p>
<p>I went off topic there&#8230;</p>
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