Fixtures

Let me set the stage for this with the following.  You walk into a store and see... let's say... a couple shirts for sale.  You look at one, kind of like it, but move on to looking at the next one.  While you're doing that, someone else starts looking at the first shirt.  They pick it up, and it's the last one of that type.  All of a sudden... you find yourself wanting that shirt to the point you're secretly hoping they'll put it back down on the rack.  They don't.  They take it.  Now, all the other shirts you look at pale in comparison to the first one, but they ALL would have been just fine had you not been comparing them to the first one you saw and lost out on.  Okay... keep all that in mind as we move forward.

As offers are written on homes for sale, there can often be special requests for things to remain with the home.  In our area, our purchase agreement includes a substantial paragraph specifying a group of items that are to remain with the home.  Most of the items could already be assumed to be considered part of the home, but as disputes arise, the document increases in size to clarify.  Listed are items such as lighting, window treatments, pool equipment, built-in appliances, etc.  If left unedited, all those items are to be left with the home by the seller.  Exclusions and changes can be part of the negotiation.

Frequently though, there may be some items that a seller wants to take with them and those items may be included in the pre-printed list of items that are to remain with the home.  It may be for sentimental reasons, or perhaps the item cannot be replaced and it is the sellers favorite item.  All of those reasons are perfectly fine... but the removal of those items needs to be handled correctly which can include these approaches:

  1. Remove it now before you list or show the home. This prevents any potential confusion because the items a seller wishes to take with them have been uninstalled prior to listing or showing the home.   In some cases, if it's a light fixture the seller has installed another one in its place, but other times it could be a fountain, drapes, etc. that are simply being removed.  The reason I suggest this route of action strongly is because it prevents the scenario of the shirts described above.  Remember that?  If a buyer sees the home with the items in it, then not including those items can possibly interfere with what normally could be a smooth sale and they can end up being negotiated in as part of the purchase while the seller may feel stressed to agree in order not to lose the sale.  If you want it... take it now... before you list and show.
  2. Okay, if for some reason #1 wasn't your preference, then you can of course write it into the purchase agreement that certain items do not remain with the home.  This is a common practice but can result in a tougher negotiation to include those items.  Remember the shirt analogy above?  Once something is seen and then cannot be had, it can make for an interesting process.  If you absolutely have to... then use this option and write it into your agreement.  Don't forget though, or you may by a default in the agreement be leaving these items behind.

There are also of course the cases where sellers wish to take items and it really doesn't matter to the buyer, so they easily come to an agreement.  As a seller, you won't know your scenario until you're in it, so make this part of your pre-listing planning.  If there are any items that are not going to be sold with the home, remove them.  If they are logical components that one would expect to be included such as lighting, replace your favorite one with an alternate model so the home is complete when sold.