Does the play set stay? What about the shed?

When I’m touring homes with home buyers, or sitting at the table signing listing documents with the seller, questions often arise about what items stay with the home, and what items can go with the seller to their new residence. The mirrors? The oven? What about the shed and wooden play set out back?
When “what stays” or “what goes” is misunderstood between buyer and seller, the results of that misunderstanding  can be stressful, uncomfortable, and well, just plain ugly.

Imagine pulling up to your new home, and noticing that the bushes and plants have been “thinned”. Imagine walking into the bathroom, and seeing that the sellers have taken the shower doors!
How disappointing would it be to the kids to see that the giant play set that they have been looking forward to playing on, was dismantled, and loaded on to the moving truck!! Yes, all of these scenarios have been played out because someone didn’t understand the difference between “real” property, “personal” property, and fixtures.

We could take up quite a bit of space discussing our system of property ownership and transfer laws, rooted in the land laws of England….but we won’t. That’s for a text book.

To help minimize misunderstandings, I’m glad to say that we do have, pre-printed, on our purchase and listing contracts, items that a buyer can anticipate seeing still attached to the home, or remaining with the property, if those items are currently on the premises. If a seller has an item or two that needs to be eliminated from that list, the seller does have the opportunity to let a buyer know that they should not expect to see, let’s say, a particular chandelier or window treatment. I always take the time to review this important paragraph with sellers, to make sure they understand what must stay, what may go, and what is negotiable.

The same rules apply when reviewing a contract with buyers. We will take the time to review this paragraph so that the homebuyer understands that if they want that amazing stainless steel, 5 burner, gas range and convection oven, they better be sure to write it into the offer! Just because it’s offered in the MLS information, that does not insure that it will be part of the transfer if not included in the contract.  If we don’t write in the wine refrigerator in the finished basement entertainment area, it may not be there on moving day.

While common sense should reign, it doesn’t always. To save us from ourselves, the Cincinnati Area Board of Realtors ® has typed in a few items that would seem to be obvious. Electrical, plumbing, heating and air conditioning equipment, including window units, wall – to – wall carpet, garage door openers/operating devices are, for example, just a few items that any common sense person would assume would be left behind.  You’ll also see shades, blinds, awnings, curtain rods, storm windows & doors, shrubbery and landscaping, fireplace inserts, gas logs, screens and glass doors are noted. Affixed mirrors, bathroom fixtures, including shower doors, all stay.  All built-in appliances, such as mounted microwaves, dishwashers and garbage disposals are attached to the home, and should be left behind.

There are items that not everyone knows should be left behind. That’s where questions arise: above ground swimming pools, water softeners, swing sets and play sets, invisible fence transmitters and collars for example. All pre-printed, considered “affixed” or “permanent improvements”, but often missed by sellers emotionally attached to the play set, or still paying on the water softener. Sellers: Be sure to read, carefully, and exclude immediately if you don’t plan on leaving an item behind!

 Better yet, replace the family heirloom chandelier with something else before the buyers ever see it.  If they see it, they will want it. Refrigerators, clothes washers and clothes dryers, counter microwaves…all negotiable.

The items listed above are not a complete list. Reading, reviewing, and understanding what you are signing is important to the home purchase and home sale process. The Real Cincy Group will make sure you are comfortable with your purchase contract, whether buying or selling,  and understand “what stays” and “what goes”.