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What’s the difference between a fixture and personal property when selling a home?

 


A question I get on occasion is, "Do I have to include the appliances in the sale of my home?" The short answer is that it depends on whether or not the appliance is considered a fixture or personal property. 

What's the difference between a fixture and personal property? 

Common legal descriptions of fixtures include things that are "affixed," "attached by roots," "embedded," "permanently resting," "irremovable," or "permanently attached" to the land or the permanent structures upon that land, according to Lawyers.com. Examples of fixtures are:

  • A built-in microwave, dishwasher, or range

  • Toilets

  • A chandelier that is hardwired into the ceiling

  • In-ground plants

  • Ceiling fans

  • Plantation shutters and blinds on the windows

Personal property includes anything not permanently affixed to the home and can be removed without damaging the structure. Examples of personal property include:

  • Most refrigerators, washers, and dryers

  • A range that is not built into the cabinetry

  • Outdoor potted plants

  • Furniture

  • Tools

  • Curtains and draperies

Major appliances, such as the stove and refrigerator, are often included in the sale despite being movable. They are large and significant enough that savvy buyers and sellers will ensure they've reached an explicit agreement on whether they stay or go. If in doubt about anything, however, ask your listing agent. 

Save yourself time and any misunderstandings with your buyer 

The best course of action is to remove and replace any fixtures you want to take with you before putting your house on the market. Take a tour of your house's interior and exterior and carefully consider each fixture. If economical and easy to do, make sure it is done before putting the sign in the front yard!

If removing possible fixtures ahead of time is impossible, the next best thing is to make clear to buyers that you plan to take them with you. You could affix labels to them during home showings and mention what stays or goes in advertising sheets your agent passes out to visitors. 

Next, you'd want to carefully scrutinize buyers' offer to purchase, specify which items they believe to be included or excluded, and amend the list as necessary. 

By being attentive to buyers' perceptions and clarifying what comes with the house early on in the transaction, you can avoid paying to reimburse the buyers for items you took or hiring a lawyer to defend you later.

Whether buying, selling, or seeking valuable insights into the market, I'm here to be your trusted guide in the dynamic world of real estate. Feel free to contact me for a confidential discussion, where we can explore your goals, address any questions, and navigate the exciting path of real estate together. Your real estate journey is unique, and I am committed to providing personalized assistance tailored to your needs. Don't hesitate to connect; your next real estate adventure awaits!


Dani

734-623-9442

dani@danihallsell.com



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Location: Ann Arbor, MI, USA

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