STEP 14 TO SELLING YOUR HOME – IS THIS MINE?

What goes with you when you move and what stays? Two important terms to be aware of when selling a property: fixtures and personal property. What do those two terms mean? Below is an explanation of the difference between a fixture and a personal property as well as everything you need to know about what stays and what goes when you sell.

When personal property (ex: great grandma’s crystal chandelier hanging in the dining room) is affixed or fastened to real estate by using nails, glue, cement, pipes, or screws (ex: a wall, floor etc.), it becomes a fixture. A fixture is a permanent part of a house or apartment. Fixtures become real property when they are attached to the property. This means it is something that will be sold with the house.

Here are some examples of fixtures:

* As a home seller, it is wise to go through your house with your REALTOR and discuss what is and isn’t a fixture, so you have a clear understanding. In the case of your grandma’s crystal chandelier that you love and want to use in your next home, you could replace it before you list the house for sale.  If a buyer never sees it, they won’t want it. If you decide to remove the fixture, be sure to patch, repair, and re-paint any large holes.

 Anything you can disconnect, unhook, slide, or otherwise detach from your home with bare hands (ex: your master bedroom set, a piece of art hung on a nail, etc.). Personal property is almost never assumed in a sale but can be included if the seller says so in the contract.

Here are some examples of personal property:

Buyers and sellers should specifically state in the purchase offer which items will stay with the house and which will go. This will eliminate any confusion over house fixtures. Personal property such as kitchen appliances should be noted in the contract as included or excluded from the sale. See the below sample contract highlighting what stays and what goes.

Included Items: Any of the following items, including items identified in Specific Term No.5 if the corresponding box is checked, located in or on the Property are included in the sale: built-in appliances; wall-to-wall carpeting; curtains, drapes and all other window treatments; window and door screens; awnings; storm doors and windows; installed television antennas; ventilating, air conditioning and heating fixtures; trash compactor; fireplace doors, gas logs and gas log lighters; irrigation fixtures; electric garage door openers; water heaters; installed electrical fixtures; lighting fixtures; shrubs, plants and trees planted in the ground; and other fixtures; and all associated operating remote controls. Unless otherwise agreed, if any of the above are leased or encumbered, Seller shall acquire clear title before closing.

Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is excluded from the sale (“Excluded Item(s)”). Seller shall repair any damage to the Property caused by the removal of the Excluded Item(s). Excluded Item(s):_________________________________________

Unsure whether an item stays or goes with your house? Ask us at andi@andidyer(dot)com or 360.734.6479.

This content is not the product of the National Association of REALTORS®, and may not reflect NAR’s viewpoint or position on these topics and NAR does not verify the accuracy of the content.

STEP 14 TO SELLING YOUR HOME – IS THIS MINE?

Andi Dyer Real Estate