Should It Stay or Can It Go? What You Can Take With You When You Move
You've just sold your home and are preparing to move. But which items and appliances are you allowed to take with you?
Personal property disputes are a common problem in real estate transactions. Some buyers who've fallen in love with a home's decorative accents have moved in to find the chandelier, mirrors and even the doorknobs have been stripped from the house by the previous owners. Conversely, some sellers have discovered that items they assumed they could legally take with them are considered to have been sold with the house. How can you tell what's yours and what's not?
Real property
State laws differ on specifically what is and isn't yours to take, but there are some general rules. "Real property" usually includes any improvements to the land or physical structure that cannot be easily moved. It includes such things as wiring, plumbing, roofing, masonry, staircases and in-ground pools. Basically, if it would require a contractor to remove it, it stays.
Chattels
"Chattels" are pieces of personal property purchased by the homeowner that can be easily moved. Chattels are not considered to be a part of the house. If an item can be unplugged or easily unscrewed from the wall or ceiling, it's usually considered a chattel. Home appliances, potted plants, hanging mirrors, artwork and security systems are some examples of common chattels.
Fixtures
"Fixtures" are chattels that are physically attached to the house or property. These items are more permanently affixed than chattels but less so than real property. They are generally considered to be a part of the house unless it's specifically indicated otherwise in the purchase agreement. Doorknobs, chandeliers, garden sheds, shutters and curtain rods are some of the items that qualify as fixtures.
Out of sight, out of mind
When selling your home, a good way to avoid problems down the road is to simply remove or replace any items that could be subject to dispute before you hold an open house. If a potential buyer never sees your antique chandelier, they'll never miss it. Placing "does not convey" note cards on items is also acceptable, however, there's a chance you may receive an offer conditional upon them being left behind -- or a request that you lower your price in order to compensate for taking them. Most residential sales contracts contain a checklist where the "staying or going" status of fixtures can be clearly indicated. If yours does not, consider drawing one up yourself.
Removing things like doorknobs or chandeliers after a buyer has viewed or even purchased the house may not necessarily be illegal, but it is unethical. If you remove them before the deal has closed, it could endanger the sale by forcing those buying to wonder: "If they took that, what else did they take?" If you remove fixtures from the house that are included in the purchase agreement after the deal has closed, it may qualify as breach of contract.
Don't get burned
When a sale agreement is signed, the buyer's agent should check the house and make a careful list of all its fixtures. Sellers should check this list very carefully to make sure they are in agreement with the buyer as to who owns what. In some cases, buyers have included things on this list that didn't actually exist in the house to begin with, like a refrigerator with a built-in icemaker or a workshop tool bench. Since the purchase agreement is a legally binding contract, the seller will then be liable to supply these "missing" items.
Chattels and fixtures are often negotiable, depending on individual seller's wants and needs and can be factored into the selling price of the house at later stages. The bottom line, though, is to always be prepared. A written agreement is the best way to determine who is entitled to what.
What typically stays (unless otherwise specified in writing)
- Wall-to-wall carpeting
- Permanent light fixtures
- Landscaping (patio stones, masonry, in-ground pools)
- Window coverings (shutters, blinds, curtain rods)
- Skylights
- Fireplaces and mantelpieces
- Garden sheds (with concrete foundations)
- In-ground plants and trees
- Mirrors permanently affixed to walls
What typically goes (unless otherwise specified in writing)
- Carpets and area rugs
- Household appliances (refrigerators, stoves, microwaves, dishwashers, washer/dryers, etc.)
- Non-permanent light fixtures
- Potted plants
- Curtains
- Hanging mirrors
- Paintings and wall hangings
For more information and advice, we recommend that you consult an attorney or real estate professional.
