I Can Take Everything but the Kitchen Sink, Right?

Woah Woah, hold your horses for a minute! I know the contract is boring to read, but did you make it to paragraph 2? Paragraph 2b lays out the improvements on the property that stay (convey) with the property. Think of it this way, if it is permanently attached or built-in, it stays. For example, if your bathroom mirror is just hanging on a nail, it can go with you. It’s removable just like other wall hangings. However, if it is screwed into the wall, that makes it a permanent fixture, so it stays. Your refrigerator can go with you unless it is built in, then it stays. Your TV mounts and brackets stay since they are screwed into the wall, but the TV itself can go with you. Just be sure to leave the part of the bracket that attaches to your TV, lots of people forget that. If you have outdoor cooking equipment that is built in, it stays. If your grill is free standing, it can go with you. Catching on?

• IMPROVEMENTS: The house, garage, and all other fixtures and improvements attached to the above-described real property, including without limitation, the following permanently installed and built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mailboxes, television antennas, mounts and brackets for televisions and speakers, heating and air-conditioning units, security and fire detection equipment, wiring, plumbing, and lighting fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property attached to the above described real property.

Paragraph 2C gets into a little more detail and talks about accessories that remain with the property. This includes all keys, garage door openers, curtain rods, drapes/curtains (yep, those too!), and even the fireplace tools and swimming pool maintenance accessories. It even includes the stove! If you think your range can go with you, think again, it’s on the accessories list.

• ACCESSORIES: The following described related accessories if any: window air conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, door keys, mailbox keys, above ground pool, swimming pool equipment, and maintenance accessories, artificial fireplace logs, security systems that are not fixtures, and controls for: (i) garage doors, (ii) entry gates, and (iii) other improvements and accessories. “Controls” includes Seller’s transferable rights to the (i) software and applications used to access and control improvements or accessories, and (ii) hardware used solely to control improvements or accessories.

If you want to keep any of the items listed in paragraph 2b or 2c, you should list it as an exclusion in the listing and make sure it is placed in paragraph 2d on the contract.

If there is something you would like to leave or even sell with the house (ie. Refrigerator, washer, dryer, playset, etc.), it should be written up in a Non-Realty Item Addendum, signed and agreed upon by the seller and the buyer.

When in doubt, ask your Realtor or read your contract!