• calendar_month June 30, 2023

If you fall in love with a feature or appliance during the open house, ask your agent to find out if it's in the real estate contract.

When you buy a house, you don’t get everything in it.

The official real estate term for the inclusion of an item with a property is “convey.” As in, “The kitchen cabinets convey. The rug in the foyer does not convey.”

Items in a home typically fall into one of two categories: fixtures or personal property. Fixtures — items attached to the house like cabinets, wall-to-wall carpet and ceiling fans — generally stay with the property. Personal property — items not attached to the house, like rugs, outdoor furniture and curtains — generally go with the home seller when they leave.

Typically fixtures are items it takes a screwdriver or other tools to remove or items that, if removed, would damage the property. Doorknobs, kitchen cabinet pulls, light fixtures attached to walls or ceilings, built-in bookshelves and bed and bath vanities should always transfer to the new owner. They’re permanently attached to the house and should stay with the property.

Some contracts spell out exactly what items will remain behind for the new owner, while others are vague. Here are five types of items that may not be covered in your real estate transaction because they could straddle the line between fixtures and personal property.

Appliances

In some markets, major household appliances like the refrigerator, dishwasher, and washing machine stay with the property. In other markets, they don’t. That’s why it’s important to work with a local agent who knows the ins and outs of the area. Before you make an offer, be sure those stainless steel, top-of-the-line kitchen appliances that caught your eye at the open house will stay when the seller leaves. Have your agent put in writing that existing appliances are included. You might even spell out specific appliances, like the Bosch dishwasher and the SubZero fridge.

Furniture

Furniture usually goes with the seller because it’s personal property. But if you love the furniture, you can offer to buy it along with the home. Be sure to write it into your offer. Everything is negotiable when you’re buying or selling a house, as long as it’s in the offer and the contract.

Outdoor items

Grills, fire pits, hot tubs, plants, planters, water features, and patio furniture need to be addressed based on whether they are attached to the house or not. Outdoor spaces have a lot of gray areas. A grill built into an outdoor kitchen could be considered a fixture, but some models can lift out to be stored indoors over the winter. Also, plants in pots can be a fixture if the pots are too huge to move or if they’re in built-in planters. A free-standing hot tub is usually considered personal property, but the seller might prefer to leave it. A pond would be a fixture, but a water fountain might not be. And the koi in the pond? Personal property. When you write your offer, specify what items you expect to stay and which ones you want to go.

Window treatments

In most markets, the rule is window coverings stay with the house. There are gray areas, though, based on the type of treatment. Blinds and shades attached to the window and rods attached to the wall are usually considered fixtures. But drapes and curtains that can slide off a rod are considered personal property. Often, the drapes and blinds won’t fit windows in the seller’s new home and were custom-made for the home they’re in. So it’s a good idea to specify in the contract whether the window treatments stay or go.

Flat screen TVs

High-def, flat screen TVs mounted over the fireplace or on the wall like a piece of art with their wires in the walls have become the norm. Since TVs have a long history of being considered personal property, they need to be covered in a sales contract even though removing the TV requires tools. Buyers shouldn’t assume a flat screen will remain with the house when it’s sold. Sometimes sellers leave the mounting brackets and take the TV to avoid damaging the wall.

Advice to buyers

Don’t assume everything you see on the property comes with the house. If you intend to buy a house and there’s something you want — like the koi in the fish pond or the antique mirror hanging in the foyer — say so immediately. Review the seller’s exclusion lists and ask the listing agent during the open house (or have your agent request), if possible, and get a list of the items that convey in writing, so there are no surprises when you get the keys to your new home.