What can I take with me when I move out of my home? That flat panel TV bolted to the wall? My grandmother's chandelier that hangs in the dining room that has been a family heirloom for generations? My brand new high efficiency washer and dryer? What about the other appliances we installed? These were all things we added to the house after we moved in, they should be ours to take, right?
This is an area where many misunderstandings occur, and as we all know, a misunderstanding plus a telephone equals a lawsuit. The rules that apply in general are that anything that is a fixture, that is attached to the property in a permanent way, becomes part of the real estate. Items that can be moved in and out, such as washers and dryers, are considered personal property, and can be either taken with you or negotiated separately with your buyer. Refrigerators can go either way; free standing refrigerators are personal property and can be taken with you if you wish. Refrigerators that are custom built-ins designed to match the cabinets are not.
Here are some tricky areas:
- flat panel TVs attached to wall mounts. TVs are ordinarily personal property, but a permanently affixed one is arguable
- office furniture that has been affixed to the wall for stability
- an exterior storage shed mounted on a foundation of some sort
How would these be viewed by the law? The considerations include the method of fixation, the intention of the parties including any written agreements, and traditions in the area.
Best bet is to totally circumvent any issue of this sort. I strongly encourage you to address this issue right up front. If you want Grandma's chandelier, take it down now and put up something reasonable to replace it. Taking the TV? Take it down and repair the drywall. Want to take your prize rose bushes from the front yard? Dig them up and plant something else before the house goes on the market.
Alternative number two is to wait for the house to sell to remove things (hey, what if it doesn't sell, or you change your mind?). In that case, SPELL IT OUT in no uncertain terms in both the listing and the contracts. Counter all purchase offers to clarify if necessary so that there can be no misunderstanding.
But wait, you may ask, what about that house we looked at last week that had NO appliances at all? Well, sad to say, not everyone follows the rules. There are a great many unhappy, stressed, and frustrated people losing their homes to foreclosure. In their anger and frustration, they often remove things that should not be taken. Although I am sympathetic to their plight, what they are doing is theft. For the most part, it doesn't appear that anyone is pursuing this issue, but that doesn't make it right. And not something you should even consider.
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