Hi guys! This is a follow up to my post “Screwed, Glued or Nailed?”. If you didn’t read that, start there! This post is a follow up with a more in depth look at how that is stated in the Utah Real Estate Purchase Contract.
“Section 1.1 of the REPC states the following: “Included Items. Unless excluded herein, this sale includes the following items if presently owned and in place on the Property: plumbing, heating, air conditioning fixtures and equipment; solar panels; ovens, ranges and hoods; cook tops; dishwashers; ceiling fans; water heaters; water softeners; light fixtures and bulbs; bathroom fixtures and bathroom mirrors; all window coverings including curtains, draperies, rods, window blinds and shutters; window and door screens; storm doors and windows; awnings; satellite dishes; all installed TV mounting brackets; all wall and ceiling mounted speakers; affixed carpets; automatic garage door openers and accompanying transmitters; security system; fencing and any landscaping.”
This paragraph doesn’t include kitchen cabinets or the work table mounted to the wall in the garage or the storage racks mounted to the garage ceiling… so are those items included as well? YES! You ask, why?
Well section 10.3 (c) of the REPC states, “Seller acknowledges and agrees that in reference to the physical condition of the Property, Seller agrees to deliver the Property to Buyer in substantially the same general condition as it was on the date of Acceptance, as defined in Section 23, ordinary wear and tear excepted;” If the kitchen cabinets are removed from the property would you consider it in “the same general condition”. Hahah, I’d love to see someone argue that point that a kitchen without it’s cabinets is in the same general condition as it was with it’s cabinets! I mean seriously, the cabinets in the photo of the kitchen above give it life!
Last but not least section 12.1 states “no substantial alterations or improvements to the Property shall be made or undertaken without prior written consent of Buyer.” So if said kitchen cabinets are removed from the property the seller will also need to make the argument that is was not a substantial alteration. Have any of you ever installed or removed kitchen cabinets? Ha! There is nothing insubstantial about it! It is a hell of a project.
Thanks for reading!
PS – if you love this kitchen, it’s currently on the market! Listed by Berkshire Hathaway home services!