What is yours and what stays?

(August 21, 2014)


Believe it or not, after months of searching countless homes, finding the perfect one, negotiating price and finally agreeing to a deal, a sale can fall apart over a disagreement about curtains or the hall fixture.

When striking a deal to sell a home, it’s important that you are perfectly clear about what you are taking with you and what you are leaving behind. The general rule is that if something is attached to the structure or the ground, it is a fixture and stays with the house.

If removing the item would ruin or disfigure the walls, the item generally stays. If you need a tool to remove it, it stays. Legally, these are called fixtures, which include everything permanently attached to the property such as a fence, built-in appliances, ceiling fans, flowerbeds and shrubs. As a Buyer have a close look at that bathroom mirror if it is hanging it is going with the Seller.

Conversely, if you can disconnect, unhook or detach an item from the home with bare hands, it’s free to leave when you do. This is known as personal property and should never be assumed to be part of the sale.

Items that fall into this category are furniture, potted plants, free-standing appliances and an outdoor BBQ.

A good rule of thumb as a Seller is not to show your home with any fixtures you are planning to take. Replacing them is the better option prior to listing.

Every Realtor has a story about a deal falling through because of an argument about what a buyer thought was staying. For this reason, you should walk in each room with your Realtor and make a list of things that you will be taking with you.

If you decide to leave the curtains, chandeliers or are open to giving up some of the outdoor furniture, it may just help with a sale. People appreciate the notion of getting something for free, and a savvy Realtor will hint to a prospective buyer that fixtures and furnishing may be included in the sale. Unless the items are really important to you, let them go with the home. Use them to get the price you want and then replace the items in your new home.

We talk about things of value what about the debris in the yard or crawl space Term number 8 of the standard contract of Purchase and Sale states “ The property and all included items will be in substantially the same condition at the Possession date as when viewed by the Buyer on” which means the old tires in the yard will be yours. If you want to alter this clause have your Realtor put in a clean and tidy clause in your contract of Purchase and Sale.

By itemizing and discussing all the things that stay and go at the outset, there will be no miscommunication on closing day. The worst nightmare of a Realtor is getting the call on Possession date that the mirror is missing from the Bathroom or the shrub the buyer loved is missing.

– Kenan