If our contract lists window treatments and hardware, can we remove the drapes and/or curtains?

My clients asked that we exclude the drapes/curtains in their home when selling. I listed all drapes as excluded items. I did not include them on the listing sheet. However, we both (seller and myself, a realtor) just noticed that the window treatment and hardware box was checked on the contract they signed from the buyer. Can my sellers remove the curtains from the rods and leave the rods only. Some windows have blinds.

Asked on August 12, 2012 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that given the indecision with respect to what items are allowed to be taken by the seller(s) upon the sale of the home you are writing about that an addendum be presented to the buyers to nail down all uncertainties before close of escrow and signed by the buyer and the selelr.

The question that you have raised and have asked to be answered leaves room for me to conjecture so as to give you an answer. Hence the need for an addendum to clear up any uncertainties.


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