What Things Stay in the House and What Should Go With You After A Home Sale?

One thing that can be confusing during your home sale or purchase is the question of what stays with the house and what goes with the seller when they move. 

Oftentimes, sellers believe that if it’s something that they have installed in the home and spent money on, they can take it with them. Their views of what are fixtures and what can be considered as their personal belongings may be shrouded by their attachment to the home. 

Unfortunately, that’s just not how it works, contractually.

Removing something from the property that has not been written and agreed in the binding acceptance of the Offer to Purchase Contract, and/or as outlined in the standard verbiage of your state contract (for example: State of Wisconsin WB-11 Lines 24-39), can cause some heated debates during, and even after, the home sale is closed. It’s important that you clearly spell out and negotiate in your Offer to Purchase Contract what is included and what is not included in the sale of the home. It’s something that needs to be agreed upon by all parties to ensure a smooth transaction.

So, what stays in the house and what goes with you when you move?

> Anything that is bolted, mounted or nailed down

What is a fixture and what is not? According to the State of Wisconsin Real Estate Examining Board, on the WB-11 Residential Offer to Purchase, a fixture is (as quoted):

27 “Fixture” is defined as an item of property which is physically attached to or so closely associated with land, buildings or

28 improvements so as to be treated as part of the real estate, including, without limitation, physically attached items not

29 easily removable without damage to the premises, items specifically adapted to the premises and items customarily

30 treated as fixtures, including, but not limited to, all: garden bulbs; plants; shrubs and trees; screen and storm doors and

31 windows; electric lighting fixtures; window shades; curtain and traverse rods; blinds and shutters; central heating and

32 cooling units and attached equipment; water heaters, water softeners and treatment systems; sump pumps; attached or

33 fitted floor coverings; awnings; attached antennas and satellite dishes (but not the component parts); audio/visual wall

34 mounting brackets (but not the audio/visual equipment); garage door openers and remote controls; installed security

35 systems; central vacuum systems and accessories; in-ground sprinkler systems and component parts; built-in appliances;

36 ceiling fans; fences; in-ground pet containment systems (but not the collars); storage buildings on permanent foundations

37 and docks/piers on permanent foundations.

If a Seller wishes to remove a fixture of the property, it must be disclosed up front and agreed upon by all parties, otherwise fixtures (as defined above for the State of WI) stay with the house even if the sellers want it.

The most common ‘gray areas’ in regards to fixtures include bathroom mirrors, flat-screen TVs and their mounting mechanisms. If you have any questions, talk to your trusted Real Estate Professional.

For Sellers

• After discussing with your Real Estate Professional what fixtures you’d like to take with you, he or she will disclose such intentions on your property listing, but keep in mind, the same must be clear and agreed upon in an Offer to Purchase. An MLS listing is not a contractual agreement. I have had sellers who had a special plant or flowers planted in the ground in memory of a loved one.  Be clear with your intentions to remove the item in MLS as well as the Offer to Purchase Contract.

• Remove anything you absolutely want to take with you before listing your home for sale. Be sure to replace the item if it’s a certain light fixture, window treatment, etc. 

• We understand the mixed feelings you have as you sell your home, but avoid giving any sentimental value on simple tools like doorknobs, WiFi enabled, LED or any other type of light bulbs, or even those pegboards hanging by a workstation or in the garage. Never take them with you when you vacate the property. Hiring an experienced local real estate agent can help you sell your home for top dollar, so you don’t have to worry about leaving petty hardware behind.

For Buyers

• Perhaps it would be safer not to assume that everything you see on the property comes with it and will be part of the home sale. If there's something you really like and want it to stay in the house once you become the new owner, don’t be afraid to speak up!  

• Include all of the items in your purchase offer and be as detailed as possible. That way, both parties will avoid any confusion, disappointment, or worse — nasty exchange of emails and even a lawsuit for the seller — once the deal closes.

• Your mortgage lender may require certain items to be listed on a Bill of Sale, even if the seller agrees to leave those items behind at no additional charge.  The appraisal will be conducted without factoring in the value of that pool table or storage area shelving units.

Trust your Real Estate Professional to help guide you through determining what is a fixture and what is not; what you can take and what you shouldn’t.  This will alleviate any confusion by the parties and bring peace through the transaction to a smooth closing!  Remember, Buyer’s have the right to a final walk-through prior to closing as well, so you’ll have one last chance to ensure everything looks as expected before you sign on that line.