What Stays with the Home?

WHAT STAYS WITH THE HOME

More than one seller is surprised to find that their favorite chandelier is not theirs to take when they move. First-time home sellers might be especially confused when confronted with an exclusion form presented by their agent, but understanding what is, and is not included in the sale by statute is important to avoid disappointment on both sides.

THE FIRST RULE OF THUMB IS IF IT IS ATTACHED IT STAYS

The first rule of thumb is to consider if the item is nailed down, bolted, mounted, or planted. This covers a wide range of items both inside and outside the home. This might seem simple enough, but the debate about what constitutes a “fixture” causes many post-sales lawsuits. Fixtures stay with the home unless specifically excluded. This includes light fixtures, shelves, cabinets, built-in shelves, and more.  Using an additional document to identify what is excluded is highly recommended.  This will clarify to all parties the expectations of the contract and avoid future disputes.

IF THERE IS A HOLE IN THE WALL, IT IS LIKELY A FIXTURE

Consider the mount for the big-screen TV. It might seem logical to assume the mount would go with the TV when the sellers leave, but technically it’s likely considered a fixture as it’s bolted to the wall. What about a window-mounted air conditioner? If it’s sitting in the window, it’s typically personal property, if there is a hole in the wall to accommodate it, then it’s a likely fixture.

PLANTS AND CURTAINS

Outdoor items are subject to the same rules. Anything planted in the yard goes with the home, as does furniture or other items bolted to the ground. In that scenario, an arbor or patio cover bolted to a concrete slab would stay. Contrary to everything just outlined, however, curtains typically go with the home.

HIRE THE RIGHT REALTOR®

Be sure to hire REALTOR® that takes the extra time to go over the fine details. Preparation prior to contact will mitigate conflicts that can be avoidable.