What Stays?
By Jim Palmer Jr.

Once during a pre-closing walk through of a recently vacated house I noticed that most of the light bulbs were missing along with many other amenities such as appliances.  The seller, upon vacating the premises had stripped the home of anything that wasn’t permanently connected even though the purchase agreement specifically stated which items would remain with the property upon sale. 

Items such as stove/range, refrigerator, washer, dryer, dishwasher, hot tub, fireplace insert, woodstove, satellite dish, security system, attached televisions or speakers are on a checklist that can be readily negotiated by just checking a box on the standard purchase agreement. While it is customary for the range, dishwasher and refrigerator to remain, those items are frequently negotiated since mom may have recently purchased a new stainless refrigerator that she is in love with and wants to take with her to the next place. 

The boiler plate verbiage of the standard state-wide Purchase Agreement says that “Any of the following items are included in the sale; wall to wall carpeting, built in appliances, curtains drapes and all other window treatments; window and door screens; awnings; storm doors and windows; installed television antennas; ventilating, air conditioning and heating fixtures; trash compactor; fireplace doors, gas logs and gas log lighters, irrigation fixtures; electric garage door openers; water heaters; installed electrical fixtures; lighting fixtures and light bulbs; shrubs, plants and trees planted in the ground; and other fixtures; and all associated operating remote controls.” 

An additional Land and Acreage addendum lists farm equipment such as fencing, portable panels, water troughs, feeders, chutes or other equipment that can be negotiated by checking the appropriate box.  The reason these items are specifically included (in writing) is that there has been some sort of dispute or lawsuit concerning these types of items.  Experience has proven the importance of specifically listing each item! 

Another addendum deals with things that are often left behind (much to the dismay of the buyer) including garbage, rubbish or other personal items left on the property after the closing. 

Some sellers naively think that they can come back later to remove items of value, (which they have forfeited ownership of, if post-closing removal wasn’t negotiated in writing). 

Buyers should be careful to do a walk-through of the property just prior to closing to assure that negotiated items are still on the property and items slated for removal are gone!