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SolarPup
Hardware God
Premium
join:2002-03-07
Greeley, CO

House under contract - want to keep Nest thermostat

So my house just went under contract, and I totally didnt think of this: My parents gave me a Nest (www.nest.com) for christmas. I have the original thermostat, can I swap them out? Or do I have to leave the Nest on the wall?
--
...I don't have a 50mb speedy connection, I fly through the net at low altitudes!


CylonRed
Premium,MVM
join:2000-07-06
Bloom County

If they did not state, in the contract, that they wanted the Nest, then you should be able to take it.



csiemers

join:2000-09-16
Portland, OR
Reviews:
·VOIPo
·Comcast

reply to SolarPup
When I sold my house a year ago, I did anything and everything to make sure it sold. At the time I had only one solid offer so if that one fell through who knows how long it might have taken to get another offer.
That being said, can you afford to have your house deal fall through for a $250 device?
My buyers were raising a stink about some $10 shelves! I wasn't going to argue and let them keep them.

Anyway, just something to think about not knowing your situation.
--
»www.caryontech.com



SolarPup
Hardware God
Premium
join:2002-03-07
Greeley, CO

Thanks! Just thinking that's $250 I dont have to spend at the new house.. So since you've been through this sale thing before.. do you know what the steps they go through? The buyer called for an inspection, but then dont know what happens after that.
--
...I don't have a 50mb speedy connection, I fly through the net at low altitudes!



jack b
Gone Fishing
Premium,MVM
join:2000-09-08
Cape Cod
kudos:1

reply to SolarPup
Just change it out and if they complain (loudly enough) put it back.


Bob
Account deleted

join:2012-07-22
New Jersey
Reviews:
·Optimum Online

reply to CylonRed

said by CylonRed:

If they did not state, in the contract, that they wanted the Nest, then you should be able to take it.

Actually, it's the other way around. Since the Nest is attached to the wall, it's part of the house unless the contract says it is not included.

To the OP: Ask your lawyer if the contract can be amended to say the Nest is not included. You should be able to make changes within 3 days. Of course, the buyer may insist on reducing the sale price by an equivalent amount. (You should have thought of this when you listed the house. Everything not included should be on the listing sheet.)


timcuth
Braves Fan
Premium
join:2000-09-18
Pelham, AL
Reviews:
·AT&T Southeast

reply to SolarPup
Bob See Profile is correct. Anything that was attached to the house when they agreed to purchase it is part of the house and you are committed to leave it. However, I suppose you are free to ask them if it is ok with them for you to take it.

Tim
--
"Life is like this long line, except at the end there ain't no merry-go-round." - Arthur on The King of Queens
~ Project Hope ~



djrobx

join:2000-05-31
Valencia, CA
kudos:1
Reviews:
·VOIPo
·Verizon Wireless..
·RoadRunner Cable
·AT&T U-Verse

reply to SolarPup
Technically it's theirs. Legally it should be excluded in the contract.

However, I would do as Jack stated. Replace the original thermostat ASAP. They will have many opportunities up until the walk-through to raise it as an issue if they care about it.
--
AT&T U-Hearse - RIP Unlimited Internet 1995-2011
Rethink Billable.



vaxvms
ferroequine fan
Premium
join:2005-03-01
Wormtown
Reviews:
·Charter

reply to SolarPup
If the buyers do a walk through before the closing and see the Nest is gone, and they wanted it, things could get very ugly. Like csiemers See Profile said why risk the sale for a $250 device.
Maybe your parents will get you a new one as a housewarming (and cooling) present.



chamberc
Premium
join:2008-08-05
Irving, TX

reply to SolarPup
It is part of the house.



Waldothe3rd
Premium
join:2009-02-16
Sun N Sand

reply to SolarPup
...and if you replace it, the difference in thermostat sizes on the paint will readily be a give-away. You sold the house, live up to your side of the agreement.



howardfine

join:2002-08-09
Saint Louis, MO

reply to SolarPup
ASK YOUR REAL ESTATE AGENT! Wtf are you asking us for? Your agent is supposed to be up on all this stuff. That's why they have to take a test and get a license!



pende_tim
Premium
join:2004-01-04
Andover, NJ
Reviews:
·ProLog
·Verizon Online DSL
·voip.ms

reply to SolarPup
As others have said, in this housing market don't hex a sale for a $250.00 item. In fact just wait till the home inspection is completed; compared to all the seller concessions that will be demanded to remedy "defects" that $250 will seem like chump change.

Someone once told me that if an item was "screwed" to the house, it was considered portable. If it was "nailed", then it belongs with the house. I don't know how valid this distinction is in your market however. Talk with your attorney.
--
The difference between genius and stupidity is that genius has its limits.


kherr
Premium
join:2000-09-04
Collinsville, IL

So your saying that the house doesn't include the drywall because it was "screwed" to the wall ?? The OP should have taken it down the day it was listed .....



howardfine

join:2002-08-09
Saint Louis, MO

reply to pende_tim
YOU DON'T NEED AN ATTORNEY! Ask the real estate agent. It's their job to know these things.



The Pig
I know you want to be me
Premium
join:2009-09-11

reply to SolarPup

»www.youtube.com/watch?v=Ax_truAcO40

I would say this says it all!


Kilroy
Premium,MVM
join:2002-11-21
Ann Arbor, MI

reply to SolarPup
In general anything attached is part of the deal unless specifically exempted. In the current housing market, as csiemers See Profile pointed out, I'd let them keep the $250 Nest and not mention it or remove it.
--
Want the shirt? - »www.despair.com/thedestructor.html
Not afiliated or making any profit from sales



Msradell
P.E.
Premium
join:2008-12-25
Louisville, KY
Reviews:
·AT&T U-Verse

reply to chamberc

said by chamberc:

It is part of the house.

No doubt about it! It's not portable and attached to the home so it's definitely something that you sold with the house.


Draiman
Let me see those devil horns in the sky

join:2012-06-01
Kill Devil Hills, NC
Reviews:
·Verizon FiOS

reply to SolarPup
As others have said it's part of the house. If you remove it they have the right to remove $250 from the sale price or make you replace it. You need to talk to your attorney and get an EXCLUSION which they need to sign to keep it. When we bought our newest house 2 years ago we made the current owner leave all appliances and machines. They agreed to leave the a/c units x3, fridge x2, washer, dryer, snow thrower, pressure washer, window treatments, & dehumidifier. It's amazing how much sellers are willing bend in this bad economy. Don't risk losing your sale over $250!



AVD
Respice, Adspice, Prospice
Premium
join:2003-02-06
Onion, NJ
kudos:1

reply to jack b

said by jack b:

Just change it out and if they complain (loudly enough) put it back.

this
--
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