What Comes With A House?

 

​One part of a real estate contract that can result in a significant amount of stress, confusion, and conflict, between buyer and seller, are inclusions and exclusions. Inclusions and exclusions are essentially what comes with (conveys) the house and what does not. It is assumed that permanent fixtures like ceiling fans, lights, and cabinets, will come with the house.  This includes anything that is attached in a permanent manner with nails, screws, glue, cement etc. Additionally, any item that was adapted specifically for that house (like a custom bookcase to fit into a unique corner of the room) is a fixture, so it will convey. Personal property not attached to the house, and not integral to the home, are exclusions. Exclusions are not fixtures and will not convey.
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To avoid confusion, spell out clearly in the contract which items will convey with the property. This is the best way to avoid conflicts, get it in writing! An example of a written contract specifying what will convey with the house can be found below.

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​Another good mantra to live by for sellers, is if you intend to take something that could be seen as a fixture (like a chandelier given to you by your grandmother) take it down and replace it before showing the buyer the home. Common items that become points of confusion and conflict include, but are not limited to, window treatments (drapes and curtains are personal property while blinds and rods are fixtures), refrigerators, mounted stereos or TV’s, washers, dryers, microwaves, swing sets, basketball hoops, mirrors, and dog fences. Many of these items can differ between being fixtures and being personal property based on how they are secured, or if they are integral to the functioning or structure of the home. When in doubt, ask, and always make sure to get it in writing. Make sure you are on the same page with your realtor. Have your realtor be extremely thorough in clarifying what is a fixture and what is personal property of the seller. It will save you a lot of headaches!