What Stays With the Property, and What Leaves, When Buying or Selling a Home.

When you sell your property there are a variety of things that remain with the home. Sometimes certain things can be taken from the property that usually remain with the house when selling. What remains with the home or what leaves the property when selling or buying depends on a variety of factors.

Usually the attached features of the home will stay with the property. These features include window coverings, doorknobs, cabinets, chandeliers, large appliances, and basically anything that is attached. The reason being is that if it is literally attached to the home it is not personal property. This attachment issue extends outside of the home as well. Trees and plants that are planted in the ground are “attached” to the property and will be sold with the property.

There are some situations however where the seller of a piece of property will want to take an “attached” item with them. There are ways to get around the law that states attached items are sold with the piece of real estate and a lawyer can really help in this area. The way to take an attached item with you when you sell is to outline it in the sales contract. Basically, the sales contract must state that the chandelier in the living room goes while all the other chandeliers stay, or whatever item it is that will be taken. The wording is important and that’s the part the lawyer can help out with. If you really want to take something attached with you then you want to be sure the contract is worded correctly so there are no problems.

The easiest way around the question of what stays and what leaves the property when selling is to take all the “attached” items you want and replace them with something equally attractive just that doesn’t have that special meaning to you. Do this before showing your home and what the buyer sees the buyer will get. Then there will be no need for a lawyer and a specially written contract about what goes and stays. The law of “if it is attached it stays” can be followed and both buyer and seller will be happy.

However, if you have already shown your home and then decide there are attached features you want to keep you will need to negotiate with the potential buyer. If the potential buyer wants the attached features that you are trying to take their could be a problem. In this situation you will simply need to negotiate with the potential buyer to determine what remains with the house when selling and what goes. These negotiations may include changes to the sales price of the home to account for these items.

Buyers beware that all attached features of a home stay with the property when buying unless specifically outlined in the sales contract.

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