What Stays and What Goes in a Home Sale
Selling a home involves numerous decisions, and one of the most crucial is determining what stays with the property and what goes with the seller. Understanding the distinction between fixtures and personal property can help avoid misunderstandings and ensure a smooth transaction. Here’s a comprehensive guide for home sellers on navigating this often-confusing aspect of home sales.
Fixtures vs. Personal Property
In real estate, items are typically classified into two categories: fixtures and personal property. Fixtures are items that are physically attached to the property, such as built-in appliances, light fixtures, and cabinetry. These are generally considered part of the home and are expected to remain when the property is sold. Personal property, on the other hand, includes items that are not attached and can be easily removed, such as furniture, electronics, and personal decor.
Common Fixtures That Stay
Built-in Appliances: Items like ovens, dishwashers, and built-in microwaves are usually considered fixtures and stay with the home. However, this can vary, so it’s important to clarify these details in the sales agreement.
Lighting: Chandeliers, ceiling fans, and other permanent lighting fixtures are typically included in the sale. If you have a particular fixture you want to take with you, consider replacing it with a comparable item before listing the home.
Window Treatments: Blinds, shades, and curtain rods that are affixed to the walls are usually considered fixtures. Curtains, however, are typically considered personal property and can be taken by the seller.
Landscaping: Plants, trees, and other landscaping features are generally considered part of the property. However, if there are specific plants or garden features you wish to keep, these should be clearly excluded in the sales contract.
Wall-Mounted Features: Items like shelves, brackets, and wall-mounted televisions are generally expected to remain, especially if removing them would damage the walls.
Personal Property That Goes
Freestanding Appliances: Items like refrigerators, washers, and dryers are often considered personal property unless specifically stated otherwise in the contract. Sellers usually take these items unless they have agreed to include them in the sale.
Furniture: Unless specified, all furniture is considered personal property and is typically taken by the seller.
Decorative Items: Artwork, mirrors (unless built-in), and personal decorations are usually considered personal property and can be removed by the seller.
Removable Flooring: Area rugs and mats are considered personal property. However, if they are custom-fit to a specific room, their inclusion in the sale may need to be negotiated.
Communicating Clearly
Clear communication between buyer and seller is crucial to avoid disputes. It’s advisable to list all fixtures and personal property explicitly in the sales agreement. If you're planning to take something that a buyer might assume is included, such as a custom chandelier, replace it before showing the home or make your intentions clear from the outset.
Final Thoughts
Determining what stays and what goes in a home sale can be a source of confusion, but it doesn't have to be. By understanding the general guidelines and communicating clearly with potential buyers, sellers can avoid misunderstandings and ensure a smooth transaction. Remember, the key is to be transparent and specific about what is included in the sale to prevent any last-minute surprises or disputes.
