What Stays and Goes in a Home Sale?

Today I wanted to take some time to clarify the difference
between fixtures and personal property as it relates to a home
sale.





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Occasionally, there can be situations in a home sale that can be
frustrating for both the buyer and the seller. One specific
situation deals with fixtures and personal items associated with
the property. In the real estate industry, we called this real
property versus personal property. Any good Realtor should
know the difference between the two. Make sure that you and
your Realtor are on the same page about what is a fixed item
and what is personal property. A prime example of an item that
isn’t a fixture is the washer/dryer set in a home. You cannot
expect a seller to leave those items behind, as they are personal
property. Furthermore, the legal definition of a fixture is
anything that has been attached to the home and should be
given to the buyer as part of the home sale. A way to determine
whether something is a fixture is to look at how it’s attached to
the property. If the item is nailed, glued, or screwed down, then
it usually stays. Another way to look at it is if the item is an
integral part of the home, then it will stay as it is a fixture
and not personal property. How can personal property and fixtures
be confused? A classic example is with the microwave. Many modern
homes have built-in microwaves, but sometimes the homeowner will
purchase their own microwave and set it on a shelf or in a
cabinet. If the microwave were then built into the home and
attached to the property, then it would stay with the home.
Otherwise, it’s personal property that the homeowner can take
with them.


Make sure that you and your Realtor are on the same page.

Items that cause the most issues are window treatments,
swing sets, basketball hoops, mirrors, wall-mounted TVs, and
light fixtures. It’s important to work with your agent to
clarify what is included and excluded in the sale of your
property. I find it helpful to list those items right in the
listing contract and note those items specifically in the MLS to
avoid any confusion later on. Some other items that might be
confusing are extra paint that was used in the home, extra tile
that was used to update the bathroom or the kitchen, and
gardening items that relate to that home’s landscaping features.
If you’re buying a property, make sure that you do a thorough
final walkthrough with your agent before closing on the
property. You want to make sure that those items that you
noted when you made an offer on the home are still in place, and
if they aren’t, make sure to bring that fact to the attention of
your agent. If you have any additional questions about this topic
or you’re looking to buy or sell a home, please give me a call. I
would be happy to help you!