3. BUILDINGS, STRUCTURES, IMPROVEMENTS, FIXTURES. Included in the sale as part of said premises are all buildings, structures, improvements and fixtures located in or on the premises belonging to the SELLER and used in connection therewith including, IF ANY, all venetian blinds, curtain rods, window shades, wall to wall carpeting, screen doors, storm windows and doors, awnings shutters, furnaces, heaters, oil and gas burners and fixtures appurtenant thereto, hot water tanks, plumbing fixtures, electrical and other lighting fixtures, TV antennas, rotors and controls, garage door openers and controls, mantels, fences, gates, trees, shrubs plants, and, IF BUILT-IN, exhaust fans, garbage disposers, dishwashers, air conditioning equipment, kitchen ranges and ovens, and vacuum cleaners.

Items to be transferred to the BUYER in “as is” condition and not to be considered part of the sale are: (if none, state “none”)

Not included in the sale as part of the premises are the following items: (if none, state “none”)

Not included in the sale as part of the premises are the following rented fixtures not belonging to the SELLER: (if none, state “none”)

In Massachusetts, all items that are bolted down or planted on the property are included with the sale unless specifically excluded by agreement. This is the section that it is important your client understands these rules. Anything that a Buyer wants that is not specifically listed must be written in the contract regardless of what the listing said. The contract is a more precise agreement; so do not take anything in the listing for granted.

Also, it is important to note to Sellers that unless the Buyers agreed that they wanted personal items, they all must go. Many times at the end of the move-out, Seller begin to rationalize why all of the paint cans they ever used should stay for the Buyer’s benefit, or why the bulky extra washer in the corner of the basement would benefit the Buyer. . . One man’s treasure is another man’s trash. This is the section of the contract where we must lay down what is going or not going in order to avoid any issues at the time of the walkthrough.

One final note on this section: rented fixtures must be disclosed and agreed upon less the Buyer demand that the Seller purchase an undisclosed rental fixture ant the time of closing. Common items in Springfield, MA area are rented hot water heaters and security systems.