Selling? Be Clear on What Conveys with the Home
Posted on June 10, 2019 by Laura Lucky
If you’re considering selling your home, it’s wise to have a precise understanding from the beginning on what items in your home are your own personal property and what items are meant to be included as part of the home. As you can imagine, conflicts can arise between sellers and buyers if there are any misunderstandings on what is and isn’t rightfully incorporated into the sale.
Items in the home that legally convey with the sale are what are considered to be permanent fixtures. If it’s nailed down, bolted, mounted, built-in or otherwise attached to the home, it will be considered a fixture.
So, the built-in refrigerator is a fixture. The standalone refrigerator is not. A mirror that is hung on a wall is personal property, yet a mirror bolted to the wall studs is a fixture. Furniture in an office? That’s personal property. Built-in bookcases? Those will be included with the home. Blinds, shutters and curtain rods? Those are affixed and would stay with the home.
The same rule applies with landscaping and outdoor items. Trees, plants and cacti that are planted in the ground are part of the home. A container garden of succulents, on the other hand, is personal property. A freestanding basketball hoop isn’t included in the sale, yet a basketball hoop cemented into the ground is.
It seems rather simple, yet some items tend to fall into a grey zone. While window treatment hardware is bolted to the walls, what about the fabric drapes? They slide right off the rods, right? How about a 65” flat screen TV? Is it “hung” on the wall or is it “mounted”?
There have been instances in which sellers intend to move their prized chandelier with them to their next home. If that is the case, we just need to document up front which fixtures will NOT convey with the sale. However, often it’s simpler to remove and replace those items before we even put the home on the market to thoroughly minimize the opportunity for misunderstandings. When we visit your home to discuss listing, we will walk the property with you and tell you which items would sell with the home and which items you can keep. Contact us at 602.320.8415 or lucky@russlyon.com
