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Personal Property vs. Real Property

By Steve Homer

Real Estate Agent with The HBH Group (Keller Williams affiliate)

May 13, 2008 12:52 PM

When you negotiate a contract, make sure you know what furniture, fixtures and appliances, if any, are being sold with the property. Technically, anything that’s permanently affixed to or installed in the home is real property. Everything else is the sellers’ personal property. This definition leaves a gray area that can lead to disputes between a buyer and a seller. When The HBH Group lists your property for sale, we will work with you to be very specific in what is included and excluded from the sale. If we are working with you as a buyer, we will also make sure that everything is spelled out clearly and you AND the seller know what you are purchasing contractually.

We always ask our sellers what permanent fixtures they intend to remove and remind them to spell it out clearly in the required disclosure forms. We will help you define what built-in appliances are real or personal property. What about a shelving system? A chandelier? Window coverings? If the buyer wants furniture or other nonpermanent items as a part of the deal, we will work with you to spell out these details in the contract to minimize dispute and problems that can result.

Ask us to go over the standard contracts with you before you receive or make a purchase offer. That way, you’ll know what to expect and be prepared to negotiate the best deal you can get. This offer also goes for FSBO's. If you need our assistance, please call us for a no obligation visit to assist you in being as safe as possible in selling your home.

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Robin Sherman

www.PensacolaForYou.com - Grand Points Realty - Pensacola, FL

Search Pensacola Homes, For Sale - Pensacola FL Neighborhoods

This is something that we really have to pay attention to. I almost lost a $425,000 condo sale over an antique tea cart. Since the majority of our condos (second homes) are sold furnished, I try to get the sellers to remove the items they want to keep. Invariably . . . they don't remove it all and something that the seller wants often becomes something that the buyer wants . . .

May 14, 2008 09:40 AM

Mesa, Arizona Real Estate Mesa Arizona Realtor

Homes Arizona Real Estate LLC - Mesa, AZ

AzLadyInRed

Steve, very comprenshive post with lots of great links to other articles you've written. This type of post can be very useful to a new home buyer or seller for that matter making the distinction between personal and real property. Excellent. ;-)

May 15, 2008 02:41 PM

Personal Property vs. Real Property

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Steve Homer

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