What Can and Cannot be Included in the Sale of a Home

When prospective buyers tour a home for sale, they often see some of the owner’s personal belongings, such as furniture, that they would like to keep with the home when purchased. However, there are quite a few limitations on what personal property can legally be conveyed. Personal property is a type of property that includes any asset other than real estate. Personal property is movable, while real estate is not. In other words, personal property is not fixed permanently to one location as is real property such as land or buildings. Imagine you turn your house upside down. Those items that fall to the ground are personal property (chattel). Those items that remain attached to house are fixtures, and can be included in a purchase and sale contract. If you are not sure whether something is considered personal property, I can help. 

Here’s a list of some items that a seller can and cannot convey to home buyers:

Acceptable to Convey	Not Acceptable to Convey
Built in appliances such as stoves	Appliances not built in, for example, blenders
Above ground pools	Patio furniture such as picnic benches
Window treatments	Lawn mowers and other lawn care tools & equipment
Sheds	Artwork
Secured swing sets and built-in sandboxes	Stereo systems and wall-mounted speaker systems
Speaker systems embedded in the drywall	Televisions and projectors
Projection screens (not projectors)	Loose and free-standing shelving
Boat docks and slips that aren't real property	Free standing microwaves and grills
Spa/hot tub and pool/spa care equipment	Pianos
Built in shelving	Furniture of any kind (bar stools, couches, etc.).
Permanently attached outdoor kitchen grills
Basketball rims and poles, as well as pool tables