What Stays with the House?
By Jim Palmer Jr.

During a viewing of a vacant 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.  Modern Purchase and Sale Agreements specifically state which of those items will remain with the property upon sale.  Items such as stove/ range, refrigerator, washer, dryer, dishwasher, hot tub, fireplace insert, wood stove, satellite dish, security system, attached televisions or speakers are on a checklist that can be readily negotiated by just checking a box.  While it is customary in this market for the range, dishwasher and refrigerator to remain, that is often negotiated since mom may have recently purchased a new stainless refrigerator (that she is in love with) and wants to take it to the next place.

The boiler plate language of the same 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 (light bulbs); shrubs, plants and trees planted in the ground; and other fixtures; and all associated operating remote controls.”  An additional addendum lists farm equipment such as fencing, portable panels, water troughs, feeders, chutes etc.

Many may think this list is silly while others think it obvious.  Just remember the reason these items are included (in writing) is that there has been some sort of dispute or lawsuit concerning each and every one.  Experience has proven the importance of specifically listing each item!

Another addendum deals with items that are often left behind (much to the dismay of the buyer) including garbage, debris or any other personal items left on the property after the actual 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 home and property just prior to closing to assure that negotiated items are still on the property and items slated for removal are gone!