DOES IT STAY OR DOES IT GO?

When a home sells, which items stay and which go?  This can be contentious issue between sellers and buyers.  It is possible to avoid the confusion and possible litigation.  Sellers and buyers need to understand what sorts of items are considered personal property, movables or chattels like tables and chairs for example, and thus are expected to go with the seller when they move.  Other items are considered fixtures like light fixtures, the furnace (assuming it's not a rental), a dishwasher if it is built in, and a microwave/exhaust fan combo vented to the exterior of the home, and thus expected to stay for the buyer.  As a general rule...if you need a tool to remove it there is a good chance that it is a fixture and therefore it must stay with the house (unless specifically excluded in the Agreement of Purchase and Sale).

It is an excellent idea for all sellers to go through their home with their Realtor prior to listing it and make a list of any item that may be considered included by a prospective buyer, and exclude it in the Listing Agreement.  An even more effective approach is to simply remove the item from your home before listing it for sale.  If a buyer doesn't see the item they can't assume it is included or ask for it to be included in the sale. 

    

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