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Who Gets What?
Purchase contracts aren't a mystery for RE/MAX Associates, who average more sales and experience than other agents in the industry. |
Make it Clear
Purchase Agreement Should List Fixtures
Conveyance of fixtures can become a point of contention in a home sale. Prime examples of fixtures that buyers believe are included in the transaction but that sellers do not expect to be part of the deal include chandeliers and window treatments. Generally, any item that is nailed, bolted, glued, wired, cemented, or otherwise permanently attached to the house or land will be considered real property to be included in the sale unless specifically noted otherwise; while most items that can be removed without causing any damage are considered the personal property of the sellers and not included in the transaction.
Homeowners who want to avoid a confrontation over attached fixtures should remove any item not included in the sale prior to showing the property to potential buyers. Since most sellers do not follow this advice, however, it instead is recommended that they include a comprehensive fixture clause in the purchase agreement.
The language should clearly state which fixtures and fittings - including electrical, plumbing, and heating fixtures, built in appliances, security systems, mailbox, attached floor coverings, awnings, shutters, and the like - will be included in the sale of the home. The document also should spell out what fixtures are excluded. By the same token, sellers also can include language showing that the sales price includes specific non-fixture personal property, such as patio furniture or freestanding appliances.
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