They took the fountain? Oh no.
Who gets to keep the appliances, drapes, or the fountain in the front yard when buying or selling a home? Unfortunately, Buyers and Sellers don’t always agree about what stays and what goes during move-out. It’s a familiar story that happens more often than you think.
Here’s a rule of thumb so you have more clarity during the buying or selling process: Legally, anything bolted, nailed, wired, cemented, or permanently glued to the property becomes a fixture – and fixtures stay behind when the seller leaves. Let me give you a few examples of how this plays out during a sale…
A washing machine is considered personal property because it can easily be unplumbed and unplugged, so the sellers are entitled to take it with them. Likewise, while less mobile, a stove or refrigerator can still technically be moved, so the seller has a right to take it with them. This is why most contracts specifically include ovens, stoves, and refrigerators.
2. Window Dressings
Drapes can easily be unhooked, so they remain the seller’s personal property. The drapery rods and cornices are bolted to the wall, so they must be left behind. However, most drapes are purchased to fit the home’s design and rarely look good in the seller’s new home – which is why most sellers leave their drapes behind, even though they’re entitled to take them.
A rug laying on the floor will go with the seller, but any flooring that is tacked, nailed, fitted, or glued down, stays.
4. Hardware + Fixtures
Generally, all doorknobs, mailboxes, light switches, hardware, mirrors, swag lights, and water features transfer to the new owner. Seller’s are advised to replace items that are important to them before putting the house on the market. Some items may need to stay until the home is sold so it’s important to review all inclusions and exclusions with your Realtor.
Technically, mounted TVs aren’t fixed to the home. They’re fixed to the mount, which is fixed to the home. So the general rule of thumb is that the TV goes, and the mount stays.
Never assume anything you see on the property comes with the house. If you’re unsure, speak to your Realtor for clarity and always have them write everything you want into the contract because everything is negotiable!
If you’re thinking about making a move (or know someone who is) I’m here to guide you from start to finish.