Included in Sale

A general rule for items included in sale of a property is anything permanently attached to the property including anything contained or an integral part of that item. This is a little lengthy and could stop at ‘permanently attached’ and then read the description in paragraph 8 from lines 65-73. The description is detailed and inclusive.

Personal property is not to be assumed attached if there is a plug and not “hard wired”. Clothes washer, dryer, and the refrigerator are personal property and not included in the sale unless indicated by the seller. Built in appliances as the refrigerator, trash compactor, ice maker, TV suspension/support devices, attached fireplace screens, anchor bolted equipment, and other items ‘attached’ may be considered by the seller as personal property but I consider included in the sale.

The best resolution is for the buyer to itemize all these questionable items and indicate if the seller will remove them.

Some personal experiences have been on the walk-through when the seller indicated a couch will remain because there is no exit large enough to remove it. The seller moved the couch into the basement and then finished the basement without allowing large enough exit. Buyers did not want the ratty looking couch. The resolution was to have the sellers pay a contractor at the settlement table to chainsaw the couch, remove it from the basement and then dispose of it.

Exact Item is Included in Sale

Sellers have to indicate if the exact item will not be included in sale. Should the seller exclude a chandelier then the seller must furnish and install a contractor grade chandelier. Bring a camera during the home inspection. If you suspect the seller substituted an appliance then compare the picture from the MLS listing page. Talk with your agent to explore all the options: ask the seller to reinstall the original; request compensation; or, even, breach of contract.

What About Leased Items?

The only items, attached to the property, that will transfer with your purchase are items owned by the seller. Leased items may return to the vendor if you do not want to continue with the lease. These items include water treatment systems, propane tanks, satellite dishes and security systems.

Also, if you are interested, ask the seller for the name and contact information about his landscaper, pool maintenance, tree service, snow plowing, gardener and any others.

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