What Stays and Goes in a Home Sale?

Los Angeles and South Bay Real Estate Video Blog with Lenny LaRocca

Today I wanted to take some time to clarify the difference between fixtures and personal property as it relates to a home sale.

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Occasionally, there can be situations in a home sale that can be frustrating for both the buyer and the seller. One specific situation deals with fixtures and personal items associated with the property. In the real estate industry, we called this real property versus personal property. Any good Realtor should know the difference between the two. Make sure that you and your Realtor are on the same page about what is a fixed item and what is personal property. A prime example of an item that isn’t a fixture is the washer/dryer set in a home. You cannot expect a seller to leave those items behind, as they are personal property. Furthermore, the legal definition of a fixture is anything that has been attached to the home and should be given to the buyer as part of the home sale. A way to determine whether something is a fixture is to look at how it’s attached to the property. If the item is nailed, glued, or screwed down, then it usually stays. Another way to look at it is if the item is an integral part of the home, then it will stay as it is a fixture and not personal property. How can personal property and fixtures be confused? A classic example is with the microwave. Many modern homes have built-in microwaves, but sometimes the homeowner will purchase their own microwave and set it on a shelf or in a cabinet. If the microwave were then built into the home and attached to the property, then it would stay with the home. Otherwise, it’s personal property that the homeowner can take with them.

Make sure that you and your Realtor are on the same page.

Items that cause the most issues are window treatments, swing sets, basketball hoops, mirrors, wall-mounted TVs, and light fixtures. It’s important to work with your agent to clarify what is included and excluded in the sale of your property. I find it helpful to list those items right in the listing contract and note those items specifically in the MLS to avoid any confusion later on. Some other items that might be confusing are extra paint that was used in the home, extra tile that was used to update the bathroom or the kitchen, and gardening items that relate to that home’s landscaping features. If you’re buying a property, make sure that you do a thorough final walkthrough with your agent before closing on the property. You want to make sure that those items that you noted when you made an offer on the home are still in place, and if they aren’t, make sure to bring that fact to the attention of your agent. If you have any additional questions about this topic or you’re looking to buy or sell a home, please give me a call. I would be happy to help you!