When buying a home, it is essential to understand what is included in the purchase and remains with the property, and what is the personal property of the seller and will be taken with them when they leave.

Fixtures vs. Chattels:

Fixtures are the immovable elements of a home, including built-in features and permanently attached items. They are considered part of the real estate and are typically included in the purchase unless otherwise specified in the contract. On the other hand, chattels are moveable items or personal property that is not permanently affixed to the property. Chattels are not automatically included in the purchase and need to be explicitly outlined in the contract.

Visualizing the Difference:

Imagine holding a house in your hands. When you flip it upside down and shake it, whatever falls out would be considered a chattel, while whatever remains fixed or attached to the home is a fixture. While there may be a few grey areas, this analogy generally helps decipher between fixtures vs chattels. Some fixtures, like built in cabinetry and light fixtures, are obvious. Meanwhile, chattels such as a couch or table and chairs are clearly movable and the personal property of the seller. However, there are items in between that the buyer may be unsure of, this is where clear communication and documentation become crucial.

Negotiations & Clarity:

Certain chattels are commonly included in a home sale, such as appliances and larger items like hot tubs or storage sheds. It is important to note that their inclusion is not automatic, and they must be written into the offer to purchase. It is essential for both parties to clearly communicate their expectations and come to an agreement on what stays vs. goes. The purchase agreement serves as your roadmap, outlining what is included in the sale and what is not. Chattels that are to be left with the property must be written into the offer to purchase for the buyer to safely assume they will stay in the home come possession.

Final Advice:

Never assume anything when it comes to what stays with a home. If an item is crucial to you, ensure it is explicitly mentioned in your contract. While incorporating a specific item of personal property from the seller into your offer doesn’t guarantee its inclusion, it initiates the opportunity for discussion and negotiation. Your Realtor is instrumental in guiding you through this process, addressing concerns, and ensuring a smooth transaction. Lean on them for support and don’t hesitate to ask if you’re unsure! With clear communication and proper documentation, you can ensure you know what to expect will be there when you move into your new home.

Want advice on what should stay and what should go?  Please be sure to reach out!

#AgentSheyla

Sheyla Duncan

Phone: (204) 871-3228
Email: Sheyla@JenniferQueen.com