Most realtors will tell you the biggest fight between buyers and sellers is not over closing dates or costs, but what is actually included as part of the property. This includes all those items that buyers assume must remain with a house, and sellers believe they are entitled to take with them. Removing what you want to keep is the best way to ensure a smooth transaction instead of a letting it fall to pieces.
In general, the law states that anything attached with the intention that it become permanent is part of the real estate. Built-in dishwasher stays, portable one can go. But it’s not that simple. What about the front door key, or the remote for the garage door opener? They’re not attached, yet they’re clearly part of the real estate.
And what about the air conditioner solidly installed in the window? The satellite dish, the shed, swing set, wood stove, the large mirror, the custom window blinds or the heirloom chandelier in the dining room?
A well-drawn contract nails down all such items, so everyone knows where they stand. Even earlier in the transaction, a well-drawn listing contract states which items the seller does not intend to include with the sale, even if they are technically part of the real estate. An even better solution, though, is for the homeowner to head off trouble by replacing that fixture before the house ever goes on the market. They won’t want what they can’t see!