When selling your home, what items are legally included – or excluded – from the sale? In the simplest terms, home fixtures are included. If it’s nailed down… it comes with the house!
A “fixture” refers to anything permanently attached (or fixed) to the property. Items not permanently attached are considered personal property. Personal property is excluded from the sale because it can be easily removed without damaging the property.
Items considered fixtures would be things like: chandeliers, ceiling fans, built in bookcases and built-in appliances. Window treatments such as blinds and attached curtains or drapes also generally stay with the home. Water softeners and security systems are also included – but if they are being rented this should be disclosed by the seller. Buyers and sellers often negotiate over things like children’s play sets and patio furniture since these personal items are not automatically included.
If you want to exclude any fixtures, it is best to remove or replace them prior to putting your home on the market. If you don’t specifically exclude them in the contract they’ll be automatically included in the sale.