Fixtures & appliances - do they stay or do they go?
Sam Schneiderman, broker owner of Great Boston Home Team discusses a common problem spot in many real estate transactions.
Whether buying or selling, you want to be crystal clear about is which items are staying with the property and which items are excluded from the sale.
Surprisingly, that is one of the more common issues that come up at the final walk through. Somewhere along the line, a misunderstanding develops about what the sellers were supposed to leave with the property. Sometimes it is the sellers that misunderstand. Sometimes, it’s the buyers. Usually the misunderstanding involves appliances, air conditioners, draperies or drapery rods. Believe it or not, some sellers can get very attached to their washers and dryers or even their drapery rods.
The custom in most of the Greater Boston area is to include the stove in the sale along with all other built-in appliances, except the washer, dryer and refrigerator, unless they are built-in or the seller has indicated that he is leaving them. (Even if the seller indicates that they are not included, that doesn’t mean that a buyer can’t ask for them in the offer.)
“Fixtures” are also supposed to be included in the sale. A fixture is defined as anything that is attached to the property. That includes light fixtures and drapery rods, unless the parties specifically agree to exclude them from the sale. That means the exact fixtures (and not replacement fixtures) that the buyer saw at the time that the offer was made, unless otherwise agreed between the parties in the purchase and sale agreement.
Let’s start at the beginning. When a seller offers a property for sale, the listing sheet usually indicates what appliances the seller intends to leave with the property. When an offer is written on the house, a good buyer’s agent or detail oriented buyer will specify whatever is missing from the listing sheet that the buyer wants included in the sale. Then the negotiation takes place and the results are detailed in the purchase and sale agreement.
It is not uncommon for buyers and sellers to think of the purchase and sale agreement as a necessary legal document required for them to get their property sold. Too many buyers and sellers sign it without thoroughly reading and understanding it, especially the clause that includes items to be included in the sale.
Since some attorneys edit purchase and sale agreements from previous transactions, it’s not uncommon for the appliance and fixture list (and often other details) of someone else’s deal to remain in the document. That is why it’s imperative that buyers, sellers and their agents read the purchase and sale thoroughly before signing and question anything that they are not expecting. That will avoid any last minute stress and disappointment on closing day.
Have you had a misunderstanding about what was included with the sale of a property?
How did it get resolved?
