A sort of rule of thumb is that “if it can be unplugged, unhooked, or moved without tools, it may be personal property.” (NOTE: personal property does not have to be part of the sale).
One of the goals of any contract is clarity. Sellers and buyers approach that goal, however, from opposite directions.
If you are a buyer, you can specifically include the things you are concerned about in your contract offer (see part 1 for the seller perspective). Stoves and refrigerators are both appliances that sometimes stay with the house, but unless they are built in or specifically named in the MLS description, you cannot assume that they are part of the sale.
Washers and dryers, for instance, usually are NOT part of the sale (and they do not follow my rule above, since you may need to use tools to install/remove them).
Built-in microwaves (such as those with vent hoods) and dishwashers stay (unless it is a portable dishwasher which is not directly connected to the plumbing). A microwave in a cabinet or sitting on a shelf or on the counter, however, is not affixed and probably will not stay.
As a buyer, if you are unsure whether or not an item such as a microwave, bookcase or corner curio cabinet is attached/built-in, be sure to name it in the contract if you expect it to stay. You do not, however, have to specify that the kitchen sink stay! As a buyer, do NOT assume that the furniture, unattached rugs, large mirrors, shelving units, entertainment centers, and drapes stay (of course,
you can always ask).
Granted, it can be complicated for both buyers and sellers. That's why seeking the help of an experienced REALTOR is a good first step in negotiating what goes and stays in a particular house. Remember, when in doubt, specify in the contract what you expect to go with the sale.
Quiz for today: Does the fireplace stay with the house? OK, that's a tricky one. I cannot answer it and neither can you, unless the fireplace is built in and part of the architecture of the house. A portable electric fireplace is especially troublesome and should always be written into the contract, if the buyer expects it to stay.
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