moving

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    Can You Take Garden Plants with You When Moving? A Lawyer Weighs In

    Key Takeaways Inform your realtor and potential buyers about garden plants you’ll take when you move. Ensure the written contract clearly states that you are taking certain plants with you. Real estate laws vary between states so check with a local attorney on your exact personal property rights. You’ve spent years tending to the rose bush in your front yard and are dreading leaving it behind when you move next month. Not so fast—there are ways you can bring your prized garden plants with you as long as you abide by your state’s real estate laws. We spoke with Patrick Loftus, a Chicago-based real estate attorney, about how to legally take your favorite plants with you from one house to the next. Communication Is Key In general, if you have your heart set on taking certain home fixtures with you, it’s better to decide and communicate about it as early as possible—whether it’s that beloved rose bush or your refrigerator. “The best time to negotiate would be before accepting a buyer’s offer,” Loftus says. “Setting expectations is one of the keys to a smooth transaction. If you don’t want a fight on closing day, make sure you clearly communicate your intentions to the buyer in addition to putting it in the contract.” You can get even more ahead of potential landscaping questions by proactively communicating with your realtor. That way, they can inform potential buyers if they inquire about your plants during an open house or private tour. But regardless of how early you communicate your intentions to take any garden plants with you, everything should be written down. Related Get It in Writing Unfortunately, a verbal agreement and a handshake don’t go very far in real estate these days. “Everything needs to be in the written contract when it comes to real estate,” Loftus says. “It’s a concept called Statute of Frauds here in Illinois. There’s really no other way to have an enforceable promise when it comes to real estate in Illinois.” To ensure you’re staying above board, declare your intentions to take your landscaping with you in the buyer contract as clearly as possible. “There is a section in standard contracts that realtors are provided that lists personal property that comes with the home at no additional cost,” Loftus says. “As a seller, I would make sure that box (landscaping and vegetation) was not checked before signing the contract.” Exact verbiage may vary, so consulting with a real estate attorney in your area is always a safe bet before you finalize a contract. Consequences of Sneaking Off with Your Plants Yes, it can be tedious to take extra steps and negotiate your landscaping with a buyer, but breaching your contract is much worse. “If you take property that was supposed to be left per the contract, you’ll probably be reimbursing the buyer for the cost to restore the property you took with you,” Loftus says. Rather than risk that, you might as well just buy a new plant and start fresh in your new garden. Bottom Line: Is It Worth the Hassle? Moving is stressful enough—you’re already uprooting your life. Do you really need to uproot your plants, too? It all comes down to sentimentality. “Removing and taking landscaping from your home is probably going to be more hassle than it’s worth in the end, but if there is some super special thing in the yard that you can’t bear to part with, make sure your intentions are clear,” Loftus says. Real estate law varies from state to state and can also be subject to municipal code. Connect with a real estate lawyer in your area if you have legal questions prior to selling your home.

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    Dont Skip This Moving Day Step. What to Clean Before Handing Over the Keys

    Moving out of your home kicks off a laundry list of to-do items. One of the tasks that might cross your mind is finding out who is responsible for cleaning your home when you move out. Is it expected or required? Who should pay? We reached out to experts on the best practices for cleaning when moving out of a home or rental property.  Kam Zinsser is a real estate agent with Better Homes and Gardens Real Estate Senter Realtors. Svetlana Choi is a broker and luxury property specialist at Coldwell Banker Warburg. Michael Weiner is a real estate salesperson at Coldwell Banker Warburg. Gerard Splendore is a licensed real estate broker with Coldwell Banker Warburg. Check Your Contract  In some cases, cleaning is specified in your sales contract, in which case you’re obligated to comply. Most contracts for home sales include boilerplate language regarding the buyer’s obligation to clean and remove all belongings from the home before the sale. Renters often have requirements in their leases relating to cleaning before they move out. “Although it may not be contractual, it is more of a courtesy to the buyer,” says Kam Zinsser, a real estate agent with Better Homes and Gardens Real Estate Senter Realtors.  “When purchasing a home, most contracts stipulate that the premises be broom-swept,” says broker Svetlana Choi of Coldwell Banker Warburg. “So, it isn’t necessary for a seller to do a thorough cleaning. However, it can make a real difference, particularly if it’s a higher-priced property.” “I had a client who was buying a studio in the Gramercy area of NYC and specifically requested that the mildew, which was severe, be cleaned from the bathroom,” says broker Gerard Splendore of Coldwell Banker Warburg. “At the walk-through, the day prior to closing, the mildew was untouched. The seller insisted that it had been cleaned that night, but no evidence or pictures were presented. I left the closing, and the bathroom was untouched, so the buyer was awarded a $1500 cleaning allowance off the price of the sale.” Benefits of Cleaning a Home Before Moving Choi adds that the choice to have a properly cleaned home can be the tipping point in a sale. “I had a walk-through where the buyer was having doubts about whether the apartment was the right choice for her family,” she says. “Because the seller didn’t want to jeopardize the transaction, she immediately hired a cleaning service, and I reported this to my buyer. In the end, she was happy and then focused on renovating her home.” “A cleaner home helps with a smoother walk-through and sets a positive tone for the closing process,” —Kay Zinsser, Real Estate Agent As Zinsser stated, cleaning your home is typically a courtesy to the new buyer unless otherwise stipulated in your contract. “General cleaning of the floors and surfaces as well as removing all personal belongings is very important,” Zinsser says. “Deep cleaning the kitchen appliances, inside the cabinets, bathrooms, and carpet is always nice.”  In some cases, the buyer will require the seller to pay for a deep clean before move-in. In other cases, the buyer will take the cleaning into their own hands, either to organize and pay for it or to do the dirty work themselves to save money.  Whether you’re cleaning as a courtesy or because you want good karma, most agents agree it’s a smart move.  “Leaving a home clean on departure is nearly always a good idea,” says agent Michael Weiner of Coldwell Banker Warburg. “For instance, if it’s a sale, the new owners are more likely to return items that may have been left accidentally by the sellers at the time of the close; and in general, renters want to be able to keep a good recommendation from a prior landlord as a reference for a future one.” What You Should Clean When Selling a Home  Zinsser suggests cleaning commonly overlooked areas in your home, including the inside of your fridge, oven, and microwave. Wiping down baseboards, trims, ceiling fans, and vent and air return covers is also a good idea. Window ledges and blinds also get dusty. Finally, check behind the toilet for forgotten grime.  “Prioritizing these areas, whether you are a renter or a homeowner, goes a long way and makes a difference,” Zinsser says. “As the homeowner, cleaning the home and paying attention to details is largely a goodwill gesture.” Focus on the main living areas to start. “Primary areas such as living rooms and bedrooms, which are central to the home, are the top cleaning priority and are almost impossible to overlook,” Weiner says. “Less-used areas, such as a basement, attic, or closet, are sometimes overlooked because items stored there are often not everyday ones. Overlooked—or perhaps simply insufficiently cleaned—are bathrooms, which are places most people hate to clean.” While you don’t have to clean, it is a nice gesture and one you would appreciate if the roles were reversed. “One of my sellers said to me, ‘They sought to present the home as they would wish to receive it,’” Zinsser said. “This has always stuck with me!” What You Should Clean When Leaving an Apartment  When it comes to cleaning an apartment or home rental, the rules are typically much more rigid and spelled out in the leasing documents. They often state that you must leave the space empty and broom-cleaned or swept. “For homeowners, cleaning is rarely a